Ms M Fitzgerald v Cherry Orchards Care Ltd: 1401992/2021
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 27 October 2023 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.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Midgley Dated 28 December 2023 Judgment sent to the parties on 17th January 2024 For the Tribunal Office Case No: 1401992/2021 4.17 Rule 21 judgment – universal template. September 2017 EMPLOYMENT TRIBUNALS Claimant: Ms M Fitzgerald Respondent: Cherry Orchards Care Ltd Heard at: Bristol (in person) On: 2 April 2024 Before: Employment Judge Cuthbert Appearances: For the Claimant: In person For the Respondent: Did Not Attend[4]The claimant was also subjected to a detriment, by way of the provision of a negative reference by the respondent, on the ground that she had made protected disclosures.[7]The claimant’s claims succeed and the remedy to which the claimant is entitled is set out in a separate judgment on remedy. Case No: 1401992/2021 4.17 Rule 21 judgment – universal template. September 2017 Employment Judge Cuthbert Date: 2 April 2024[1]The claimant’s claims of automatically unfair dismissal and detriment on the grounds of protected disclosures succeeded (see separate Rule 21 judgment).[2]The claimant is awarded £14,233.32 by way of a compensatory award for unfair dismissal (net loss of earnings for the period from 14 January 2021 until 23 July 2023), pursuant to section 123 of the Employment Rights (see schedule for summary of calculations).[3]The claimant is awarded £8,000 for injury to her feelings in respect of the detriment claim.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996/2349, apply to the award made under section 123 of the ERA 1996. The total monetary award made to the Claimant is £22,233.32 and the prescribed element is £14,233.32. The dates of the period to which the prescribed element is attributable are 14 January 2021 to 23 July 2023. The monetary award exceeds the prescribed element by £8,000.[5]The recoupment particulars are attached to this judgment. Case No: 1401992/2021