Ms C Finn v D W Estates & Leisure Ltd T/a Inn-Credible Pub Co: 1310701/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 On the basis of the available information before Employment Judge Lloyd judgment is entered against the respondent under Rule 21 The judgment of the tribunal is that: -[1]The respondent did not attend. A rule 21 letter was issued to the respondent on 8 April 2021. The respondent did not present a response to the claimant's claim. Under rule 21 of the Employment Tribunal Rules, because the respondent has not entered a response, a judgment may now be issued.[2]The tribunal has now entered judgment against the respondent in the claimant's claims of unfair dismissal, sex discrimination and unpaid wages.[3]The tribunal has listed a remedy hearing remotely by CVP (Cloud Video Platform), for Wednesday 7 July 2021 commencing at 10.00am before an Employment Judge sitting alone, with a time estimate of 1 day.[4]An order for directions to the claimant accompanies this judgment. Signed electronically by Employment Judge B Lloyd Signed and Dated: 4 May 2021 l Case No:1310701.2020 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Claire Finn Respondent: D W Estates and Leisure Limited, trading as The Inn-Credible Pub Co Heard at: Birmingham On: 7 July 2021 By : Video Hearing (CVP) Before: Regional Employment Judge Findlay Representation Claimant: Mr P Hunter-Finn (Claimant’s brother) Respondent: no attendance The respondent having entered no response to the proceedings, on 4 May 2021 Employment Judge Lloyd entered judgment for the claimant on her claims of unfair dismissal, sex discrimination and unauthorised deduction of wages, and listed today’s hearing (notice of which was served upon the respondent) for the assessment of remedy. Having heard from the claimant (and her brother on her behalf, I give the following judgment:[1]In respect of unpaid wages: £(13 x 78.60) = £1021.80 (net);[2]In respect of sex discrimination:2.1 Injury to feelings: £12,000;2.2 Financial loss (including loss of earnings): £22,480.80 Total : £34,480.80[3]In respect of unfair dismissal:3.1 Basic award: £(8 x 538) £ 43043.2 Loss of Statutory rights : £ 5383.3 Job seeking expenses: £ 500 Total : £5342[4]Statutory Uplift under section 207B due to breach of ACAS Code of Practice on Disciplinary and Grievance Procedures @15%: Case No:1310701.2020 10.2 Judgment - rule 61 February 2018 £(34,480.80 +1038)x 15% = £5327.82[5]Award under s38 of the Employment Act 2002: 4 weeks pay £(4 x 538) = £2152 Total award ( 1 +2+3+4+5 above) = £48,324.42 Note: the figures set out were adjusted by the Judge after the hearing to take account of an arithmetical error.