Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

An Employee’s claims were upheld in their entirety when her employer completely failed to engage in the tribunal process.

In the case of Ms Aggar v Bugle Yarmouth (IWO) Limited (1402889/2018), the Employment Tribunal upheld all of the Claimant’s claims and awarded her almost £12,000 in compensation

The facts in Ms Aggar v Bugle Yarmouth (IWO) Limited

Ms Aggar (the ‘Claimant’) was employed by the Respondent as an Assistant Manager.  She was told her role was redundant and was offered an alternative role, which she rejected as being unsuitable.  She was then dismissed and received a payment for the wages she was owed up until the date of dismissal and for some accrued, but untaken holiday. No proper process was followed prior to her dismissal.  She brought claims in the Employment Tribunal (the ‘ET’) for unfair dismissal, wrongful dismissal, failure to provide written particulars of employment and failure to pay a statutory redundancy payment.

The decision of the Employment Tribunal (ET)

Having gone through the early conciliation process, the Claimant issued her claim on 1 August 2018.  The Respondent failed to respond and on 2 November 2018 the ET wrote to it to inform them that as no response had been received a judgment could be issued.  The original hearing was relisted for a 1 hour hearing for the factual issues relating to remedy to be resolved at the hearing.

At the hearing, the Respondent was represented by their Financial Controller.  Although he attended the hearing, he completely failed to engage in it.  For example, the figures in the Claimant’s Schedule of Loss were not disputed and he failed to argue for a Polkey reduction (a reduction that came be made to a Claimant’s award for compensation for loss of earnings where a Respondent successfully argues that the Claimant would have been dismissed anyway even if a fair redundancy process had been followed).

Consequently, the Claimant was awarded all of the losses contained in her Schedule of Loss, except for her award for loss of statutory rights was reduced to £350, rather than the £500 she had claimed.

To summarise, the Claimant was awarded the following sums:

  • Notice pay: £1,665.40
  • Basic award: £3,173.10
  • Compensatory award: £5,143.69
  • Failure to provide written statement of particulars: £1,692.32

Our solicitors’ views on the case of Ms B Aggar v Bugle Yarmouth (IOW) Limited

Sacha Barrett, a Senior Associate in the employment department at Redmans, made the following comment on the case: “this case demonstrates that where an employer fails to engage in the tribunal process, they can find themselves liable for not inconsiderable financial sums as a result.  The tribunal process can be daunting and complex, especially for small employers or companies without a HR department so the importance of seeking outside legal counsel cannot be underestimated in those circumstances.”

The decision of the Employment Tribunal in Ms B Aggar v Bugle Yarmouth (IOW) Limited (1402889/2018) can be found here.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.77 Average

    205 Reviews

    Gary P

    All good advice, prompt and efficient

    Posted 1 month ago

    Anonymous

    Excellent advice and customer service.

    Posted 2 months ago

    Aneet G

    I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

    Posted 2 months ago

    Fern M

    Very efficient and friendly

    Posted 2 months ago

    Neville S

    A professional and friendly service, which I would highly recommend.

    Posted 2 months ago

    Daniel T

    Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

    Posted 2 months ago

    Paul T

    Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

    Posted 2 months ago

    Marina E

    Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

    Posted 2 months ago

    Rosa B

    Fabulous service all round.

    Posted 2 months ago

    Anonymous

    Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

    Posted 2 months ago

    Alkhas K

    Excellent service.

    Posted 3 months ago

    Mathias G

    Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

    Posted 3 months ago

    Mark W

    Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

    Posted 4 months ago

    Anonymous

    Posted 4 months ago

    submit

    I am very glad I came across Redmans Solicitors. Fantastic service!

    Posted 4 months ago

    Anonymous

    Fantastic communication, always happy to answer queries, highly recommended.

    Posted 4 months ago

    Wavenie B

    They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

    Posted 4 months ago

    Christina P

    Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

    Posted 4 months ago

    Anonymous

    Very well done and fast support. Professional and reliable. Highly recommended!

    Posted 4 months ago

    Helene L

    They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

    Posted 4 months ago

    Sara R

    Very helpful and wonderful advice

    Posted 4 months ago