Mr B Ferriman v Lightning Fibre Ltd: 2304961/2023
JUDGMENT
[1]This Judgment has been issued under rule 21 of the Employment Tribunals Rules of Procedure.[2]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[3]The respondent shall pay the claimant the following sums: (a) A basic award of £3215.[4](b) A compensatory award of £105707.[5]These are actual the sums payable to the claimant after any deductions or uplifts have been applied.[6]The sums do not include any losses in respect of the claimant’s notice period with the respondent.REASONS
[1]The claimant was employed by the respondent as CEO from 24 January 2018. His employment with the respondent ended on 9 June 2023.[2]ACAS early conciliation took place between 3 August 2023 and 11 September 2023.[3]By a claim form dated 15 September 2023, the claimant brought a claim of unfair dismissal, alleging that his dismissal was both procedurally and substantively unfair.[4]The respondent defended the claims in its response. The respondent went into administration but the administrators gave their consent for the claim to proceed, confirming that they would not be defending the claim.[5]On 15 October 2024, EJ Corrigan wrote to the parties to state that, as the claim was not contested, it may be possible to issue a rule 21 judgment. The claimant was ordered to provide a statement of loss setting out what he claimed in respect of the basic and compensatory awards. A schedule of loss was duly provided on 29 October 2024.[6]The claimant wrote to the Tribunal to request a hearing rather than a rule 21 judgment.[7]By a letter dated 18 December 2024, EJ Rice-Birchall refused the request for a hearing and proceeded to issue a rule 21 Judgment.[8]By a letter dated 5 March 2025, the claimant requested written reasons.Facts
[9]The Tribunal, in reaching its judgment, has not heard any evidence. However, the claimant’s case, including the basis upon which he asserts he was both substantively and procedurally unfairly dismissed, is clearly set out in his claim form. The respondent has not defended the claim.Law
[10]Rule 21 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, Schedule 1 states:(1) Where….the respondent has stated that no part of the claim is contested, paragraphs (2) and (3) shall apply.(2) An Employment Judge shall decide whether on the available material (which may include further information which the parties are required by a Judge to provide), a determination can properly be made of the claim……To the extent that a determination can be made, the Judge shall issue a judgment accordingly…….Conclusions
[11]The Tribunal has, in coming to its Judgment that the dismissal was unfair, therefore concluded that the claimant’s case that he was substantively and procedurally unfairly dismissed, as set out in the claim form, is made out. Approved by: