Case 2602996/2021 · Employment Tribunal

(1) Mr N Gilliatt (2) Mr A Ewan v ATAG Cables & Tapes Limited (in liquidation) — 2022

Case reference: 2602996/2021
Decision date: 26 April 2022
Jurisdiction: England & Wales
Judge: Employment Judge Varnam Representation
Venue: Nottingham

Indexed: 23 May 2026

Parties

2 named

Claimant

(1) Mr N Gilliatt (2) Mr A Ewan

Respondent

ATAG Cables & Tapes Limited (in liquidation)

Key findings

Tribunal's reasoning

At the hearing on 26 April 2022 before Employment Judge Varnam in Nottingham, with both Claimants appearing in person and no appearance or representation for the Respondent, the Tribunal considered whether the claims had been presented in time. It held that the First Claimant's unfair dismissal claim, breach of contract claim, unlawful deductions claims other than the part said to concern wages earned on 1 June 2022, and claim for a payment in lieu of accrued but untaken annual leave were all presented out of time, and that it was not satisfied that it had not been reasonably practicable to present them within the time limit.

The Tribunal made the same finding in relation to the Second Claimant's unfair dismissal claim, breach of contract claim, unlawful deductions claims, and claim for a payment in lieu of accrued but untaken annual leave. The Tribunal therefore did not reach the merits of those claims.

All of the claims determined to be out of time were struck out under rule 37 of the Employment Tribunals Rules of Procedure as having no reasonable prospect of success. The final hearing listed for 27-28 July 2022 was left in place to deal with the claims that had not been struck out, and separate case management orders were issued in respect of those matters.

Claims and outcomes

8 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	Presented out of time; the Tribunal was not satisfied that it was not reasonably practicable to present the claim within the time limit.	Struck out	—	—
Breach of contract	Presented out of time; the Tribunal was not satisfied that it was not reasonably practicable to present the claim within the time limit.	Struck out	—	—
Unlawful deduction from wages	The Tribunal struck out the First Claimant's unlawful deductions claim as out of time, except for the part said to concern wages earned on 1 June 2022, which remained listed. The extracted text uses that date even though it is inconsistent with the April 2022 decision date.	Struck out	—	—
Holiday pay	Claim for a payment in lieu of accrued but untaken annual leave; presented out of time and struck out.	Struck out	—	—
Unfair dismissal	Presented out of time; the Tribunal was not satisfied that it was not reasonably practicable to present the claim within the time limit.	Struck out	—	—
Breach of contract	Presented out of time; the Tribunal was not satisfied that it was not reasonably practicable to present the claim within the time limit.	Struck out

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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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