Mr J Lewis and Mrs J Lewis v Babylon Translations Ltd: 1401449/2020 and 1401450/202
JUDGMENT
[1]The response to the claims is struck out.[2]The respondent has made an unauthorised deduction from the first claimant’s wages and is ordered to pay Mr J Lewis the sum of £4,564.04 (gross).[3]The respondent has made an unauthorised deduction from the second claimant’s wages and is ordered to pay Mrs J Lewis the sum of £3,309 (gross).REASONS
[1]A response to these claims was received by the tribunal on 15 June 2020. Because the response failed to provide any substantive defence, but rather sought time to deal with the claim on an amicable basis, Employment Judge Cadney directed, by letter sent on 23 July 2020, that the respondent confirm whether the claims have been settled, and if not, to supply full details of any defence to the claim by no later than 30 July 2020.[2]Because no reply was received Employment Judge Midgley ordered that a letter be sent to the respondent, dated 4 September 2020, saying that he was considering striking out the response because there had been failure to comply with the previous direction and that the case was not being actively pursued. The respondent was instructed to supply reasons in writing or request a hearing by 11 September 2020 if they objected to this proposal. In the event, on 10 September 2020 the respondent wrote indicating that the claims had yet to be settled due to the fact that it had not been trading and did not have any money. Again, the respondent requested additional time.[3]On 26 September 2020 Employment Judge Livesey directed that the responses not be struck out at that stage, but pointed out the respondent had still not explained its response Case No: 1401449/2020 & 1401450/2020 to each claim. Just Livesey ordered that unless explanation was provided, or an amended response submitted, by 12 October 2020 the file will be referred to an Employment Judge to consider strikeout of the response and entering judgment.[4]The respondent wrote again on 9 October 2020 asking for more time, but without giving a specific date for any extension.[5]On 15 November 2020 Employment Judge Cadney provided that unless the grounds for defending the claim are provided by 30 November 2020 judgment will be entered for the claimants.[6]Nothing further was received from the respondent. Accordingly, the responses are struck out.[7]Judgment is entered for the figures claimed in the claim form relating to the months of September and October 2019.