Miss I Mikalauskaite v Rever Inn Ltd: 1304022/2017
JUDGMENT
[1]I make no award of compensation in relation to the liability judgment made on 6 March 2018 for the reasons below.[2]The tribunal file shall be closed.REASONS
[1]The claimant having failed to attend this remedy hearing I considered if the claim should be dismissed pursuant to r. 47 the Employment Tribunal Rules of Procedure 2013.[2]The respondent has previously failed to lodge a response in time and thus was precluded in the absence of an order from participating in the claim.[3]I satisfied myself that notice had been given to the correct address retained on file for the claimant, my clerk made several attempts to contact the claimant without success and checked for telephone calls or outstanding correspondence that would provide an explanation for the claimant’s absence and found none.[4]I find the claimant was properly served and that she failed to inform the tribunal she would not be attending or in the alternative lodge written representations.[5]Having further considered the file I noted the claimant has lodged a schedule of loss and also other documentation concerning her grievance and its outcome. I consider the information before me is insufficient to make an award in her favour in relation to the losses claimed or compensation. Nor in the absence of detailed particulars relaying the same, am I in a position to assess the extent or merits of the discrimination claim. Case Number: 1304022/2017 PAGE 2 OF 2[6]A liability judgment has been entered in the claimant’s favour. The fact that a judgment has been entered is a remedy that many claimants would be satisfied with of itself. For that reason, I am not minded to dismiss the claim pursuant to r.47 however nor am I in a position to make an award in the claimant’s favour the burden being on her (initially at least) to identify the breach, that she had suffered a loss and the nature of that loss.[7]Those matters being so I have determined to make no award. Employment Judge Perry 23 April 2018 Case No: 1304022/2017 10.1 Judgment – no hearing - rule 60 February 2018 EMPLOYMENT TRIBUNALS Claimant: Miss I Mikalauskaite Respondent: Rever Inn Ltd Heard at: Birmingham On: 5 March 2018 Before: EMPLOYMENT JUDGE Macmillan Representation Claimant: In Person Respondent: Not present