D Ayling v International Currency Exchange Ltd (in Administration): 1300038/2022
JUDGMENT
MADE WITHOUT A HEARING Upon the Claimant failing to respond to the Tribunal’s direction dated 23rd October 2024 that by 30th October 2024 she confirm that(i) she is content for the matter to be dealt with on the papers, and(ii) that she file any submissions upon which she intended to rely; And Upon the Respondent’s confirmation that (i) it was content for the matter to be dealt with on the papers and (ii) it relied on its submissions set out in paragraphs 11- 14 of the Grounds and its letter of 13th June 2023; AND Upon the Claimant being directed by the Tribunal on 18th September 2024 to file a response to paragraphs 11-14 of the Grounds of Resistance and failing to do so by the time stipulated of 25th September 2024; The Judgment of the Tribunal is that:[1]The Claimant deductions from pay claim is upheld and assessed in the sum of £60.89;[2]The Claimant’s holiday pay claim is dismissed;[3]The Claimant’s notice pay claim is dismissed;[4]The Claimant’s statutory redundancy claim is upheld and assessed in the sum of £1,332.40.REASONS
[1]This matter was listed before me to determine the sums due to the Claimant following the placement of her ex-employer, the Respondent, into administration.[2]The Claim Form identified claims of: 2.1. Unlawful Deductions from Pay; 2.2. Statutory Notice Pay; 2.3. Accrued but unpaid Holiday Pay; 2.4. Statutory Redundancy Pay;[3]The Claim Form made no attempt to quantify the value of those claims.[4]The Respondent filed an ET3 Grounds of Resistance to the Claimant’s claims in which it set out the sums it asserted were due to the Claimant. It asserted that the Holiday and Notice Pay Claims and the majority of the Unlawful Deductions Claim had been satisfied by the Redundancy Payments Service. It submitted a value to the remaining claims. The Respondent then filed submissions by letter dated 13th June 2023. These documents remain the only quantification of the Claimant’s claims available to the Tribunal.[5]The Claimant was ordered by the Tribunal to file a response to the Respondent’s quantification of her claims as follows: 5.1. On 29th November 2022 by 13th December 2022; 5.2. On 15th December 2023 by 29th December 2023; 5.3. On 18th September 2024 by 25th September 2024; 5.4. On 23rd October 2024 by 30th October 2024.[6]In the absence of a response from the Claimant, the value of the Claimant’s claims are judged to be the sums asserted by the Respondent, and accordingly Judgment is entered for those sums, as stated. 30th December 2024