In person For the v Respondent — 2020

The hearing on remedy was converted to a telephone hearing because of the Covid-19 pandemic. The Respondents had not presented a response within the 28-day period and did not otherwise participate. The Claimant gave information by correspondence and then clarified matters with the Tribunal by telephone.

The Tribunal accepted that the Claimant's contract of employment was with the First Respondent, although he had also undertaken work for the benefit of the Second Respondent. It was satisfied that wages, holiday pay and notice monies were payable by the First Respondent. On the holiday pay issue, the Tribunal accepted the calculation provided on the Claimant's behalf and found it had not been challenged. It therefore ordered the First Respondent to pay £1,388.56 for the unlawful deduction from wages.

On notice, the Tribunal found that the Claimant had five years' continuous service and was entitled to at least five weeks' notice. He was terminated without notice on 4 October 2018, apparently because the First Respondent was in financial difficulties. He secured alternative employment on 1 November 2018, which mitigated his loss from that date, but he remained without income during 20 working days of the notice period. Applying a daily net rate of £65.91, the Tribunal ordered £1,318.15 in damages for breach of contract. The judgment notes that the First Respondent was insolvent and that the Claimant may be able to make a claim to the Insolvency Service in respect of these sums.