(1) Mr A Konohovs (2) Ms A Gabura-Konohova v W1 Soho Limited — 2020

The tribunal accepted that it was not reasonably practicable to present the claims within the statutory time limit because the claimants were not aware until 25 September 2019 that there was an inconsistency between the ACAS conciliation certificate and the originating applications. It found the defect was remedied within a reasonable time once the issue was identified and extended time so the claims could proceed. The respondent did not lodge a notice of appearance and did not attend the hearing, so the judge went on to consider the merits.

The tribunal ordered W1 Soho Limited to pay the first claimant £851, comprising £649 for 59 hours' unpaid wages and £202 holiday pay, and to pay the second claimant £763, comprising £121 unpaid wages, £440 notice pay and £202 holiday pay. On the first claimant's wages complaint, the judge rejected the respondent's position that it could withhold wages because notice had not been given, holding that the respondent was the party in breach by failing to pay wages and that the first claimant was entitled to terminate the contract without notice. The judgment also records that there was insufficient information to award the service charge claimed or to consider the automatic unfair dismissal element referred to, which the claimants had indicated they would withdraw if that brought the case to an end.