In person For the v Mr Carr, solicitor — 2019

This was a remedy-only hearing in an unfair dismissal case. The respondent’s response form had been rejected as late, and judgment had already been entered in default under rule 21. At the hearing the respondent did not seek a further extension of time and accepted that the tribunal should hear remedy only.

The parties told the tribunal that they had reached agreement on the claimant’s financial loss, including the appropriate uplift for failure to follow the ACAS Code, in the sum of £3,500. The claimant confirmed that agreement, and the tribunal awarded that amount for the financial loss caused by the unfair dismissal.

The claimant also sought an additional £2,500 for the respondent’s failure to follow a fair procedure, the alleged insensitive handling of the dismissal, the hiring of a replacement while redundancy was being asserted, her length of service, and the time spent preparing the case. The tribunal held that the first three points went to liability rather than remedy, that length of service had already been taken into account in the statutory redundancy payment which the claimant accepted she had received in full, and that time spent preparing the case was not recoverable as a matter of law in the compensatory award.

The tribunal also explained that it had no power under the Employment Rights Act 1996 to award damages for injury to feelings in an unfair dismissal claim. It therefore disallowed the additional £2,500 and made a total award of £3,500.