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 name

Your email

Your telephone number

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

4.78 Average

143 Reviews

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 1 week ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 1 week ago

Anonymous

Extremely efficient. Mel made a difficult situation bearable and gave good clear guidance thoughout.

Posted 2 weeks ago

Anonymous

Thanks Chris and Sacha I was reassured throughout the process and a happy outcome

Posted 2 weeks ago

Edward F

Good and clear employment advice

Posted 2 weeks ago

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 4 weeks ago

Rory Y

They provide me with timely and clear advice!

Posted 1 month ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 1 month ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 1 month ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 1 month ago

Dino D

I did get a very swift and god service from Redmans

Posted 1 month ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 month ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 2 months ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 2 months ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 2 months ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 2 months ago

Djaouida T

You have good communication.

Posted 2 months ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 2 months ago

Anonymous

Very professional service.

Posted 2 months ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 10 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 11 months ago