Case 2600159/2021 · Employment Tribunal
Mr Waqar Ahmad v Tanber Solutions Ltd — 2021
- Case reference
- 2600159/2021
- Decision date
- 22 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ahmed
Parties
2 namedClaimant
Mr Waqar Ahmad
Respondent
Key findings
Tribunal's reasoningThe tribunal treated the preliminary hearing as a final hearing under Rule 48, having concluded that neither party would be materially prejudiced. The respondent had not filed an ET3 within the required time, and the tribunal entered judgment under Rule 21 on the basis of the claimant's ET1 and his oral evidence.
The tribunal held that the redundancy payment claim had been presented outside the six-month period in section 164(1) of the Employment Rights Act 1996, but accepted it under section 164(2). It also extended time for the breach of contract, unlawful deduction from wages and holiday pay complaints, finding it was not reasonably practicable for those complaints to have been presented in time.
On the merits, the tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment. It also found that he was not given the statutory minimum notice, that two weeks' wages had been deducted without authorisation, and that his holiday entitlement had not been paid, and it made monetary awards for each of those claims.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal accepted the redundancy payment claim out of time under section 164(2) ERA 1996 and awarded a redundancy payment. | Upheld | — | £1,392 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract because he was not given minimum notice of termination. | Upheld | — | £1,046 |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction of two weeks' wages at £261.60 per week. | Upheld | — | £523 |
| Holiday pay | The tribunal found the respondent failed to pay the claimant's holiday entitlement. | Upheld | — | £157 |
Remedy
Monetary award- Total award
- £3,119
- across all upheld claims
Legal tests applied
6 references- section 164(1) Employment Rights Act 1996
- section 164(2) Employment Rights Act 1996
- Rule 48 Employment Tribunal Rules of Procedure 2013
- Rule 16 Employment Tribunal Rules of Procedure 2013
- Rule 21 Employment Tribunal Rules of Procedure 2013
- section 86 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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