Mr Daniel Frape v Machinery Technology Limited — 2020

Mr Daniel Frape presented a claim on 12 September 2019 initially against "Automation Technology" for a redundancy payment, notice pay and holiday pay. The response said his employer was Machinery Technology Limited, an associated company of Automation Technology Limited. The claimant agreed to amend the respondent name to Machinery Technology Limited. The tribunal recorded that Mr Ian Parkinson was a director of both companies, had been named as the contact in the response, and had filed witness statements. On that basis, the tribunal said service on Machinery Technology Limited was not required.

The judgment was made pursuant to rule 21 of the Employment Tribunals Rules of Procedure 2013 because the respondent confirmed that the claim was not contested and did not put forward a defence to the substance of the claim. The tribunal accepted that the claimant's employment had ended by reason of redundancy and that the respondent was insolvent and in a creditors' voluntary arrangement. It also recorded that the claimant was entitled to recover some money from the Insolvency Service.

On the material before it, the tribunal awarded the claimant a redundancy payment of £3,150, notice pay of £4,384.56 as damages for breach of contract, and £2,630.74 for unpaid annual leave entitlement. The total monetary award recorded by the judgment is £10,165.30.