Ms G Neale v The Harbour Moon (Looe) Ltd: 1400864/2018
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 11 December 2018 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because• it has not been actively pursued.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out. _____________________________ Employment Judge Roper 7 January 2019 The Claimant was an employee of the Respondent.[2]The Claimant’s employment with the Respondent came to an end by reason of redundancy and the Claimant is therefore entitled to a statutory redundancy payment in the sum of £495 (2 x 1.5 x £165 gross weekly salary).[3]The Claimant was dismissed in breach of contract without notice and is therefore entitled to damages of £330 in respect of such breach (2 x £165 net weekly salary) which monies the Respondent is ordered to pay to the Claimant.[4]The Claimant was also unfairly dismissed by the Respondent contrary to section 98 (4) of the Employment Rights Act 1996 and is awarded £165 for loss of statutory rights which monies the Respondent is ordered to pay to the Claimant.[5]The Respondent has also made unlawful deduction of wages in respect of the Claimant’s accrued holiday entitlement in the sum of £1,848 (11.2 weeks accrued holiday x £165). Case No: 1400864/2018 2 5. The Claimant is also awarded and the Respondent is order to pay to her a further sum of £330 (2 week’s gross pay) pursuant to Section 38 of the Employment Act 2002.[6]The total sum which the Claimant is awarded and the Respondent is ordered to pay to her is therefore £ 3,168 (£495 +£330 +£165+£1,848+£330).[7]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply in this case. ________________________ Employment Judge Goraj Date: 16 April 2019 As reasons for the Judgment were announced orally at the Hearing written reasons shall not be provided unless they are requested by a party within 14 days of the sending of this Judgment to the parties. Online publication of judgments and reasons The Employment Tribunal (ET) is required to maintain a register of all judgments and written reasons. The register must be accessible to the public. It has recently been moved online. All judgments and reasons since February 2017 are now available at: https://www.gov.uk/employment-tribunal-decisions The ET has no power to refuse to place a judgment or reasons on the online register, or to remove a judgment or reasons from the register once they have been placed there. If you consider that these documents should be anonymised in anyway prior to publication, you will need to apply to the ET for an order to that effect under Rule 50 of the ET’s Rules of Procedure. Such an application would need to be copied to all other parties for comment and it would be carefully scrutinised by a judge (where appropriate, with panel members) before deciding whether (and to what extent) anonymity should be granted to a party or a witness