Miss V Locke v Hydegate Pet Resort Ltd: 1403636/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Bristol Employment Tribunals on 15 November 2022. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing, notification of which will follow in due course _____________________________ Employment Judge Cadney Date: 14th February 2023 Judgment sent to the Parties on 02 March 2023 For the Tribunal Office Case Number: 1403636/2022 1 of 1 EMPLOYMENT TRIBUNALS Claimant: Ms V Locke Respondent: Hydegate Pet Resort Ltd Heard at: Bristol On: 14th July 2022 Before: Employment Judge P Cadney Representation: Claimant: Mr C Ilangaratne (Counsel) Respondent: Mr T Meredith PRELIMINARY HEARING JUDGMENT The judgment of the tribunal is that:- i) The default judgment entered for the claimant on 14th February 2023 is revoked. ii) Time is extended for the submission of the ET3 /Response to 15th February 2023 and the response is accepted. iii) Directions for the hearing are set out below. (The claimant has requested written reasons for the decision given orally which will be provided in due course) _________________________________ Employment Judge P Cadney Dated: 17th July 2023 Case Number: 1403636/2022 1 EMPLOYMENT TRIBUNALS Claimant: Ms Locke Respondent: Hydegate Pet Resort Limited Heard at: Bristol (by CVP) On: 13 and 14 September 2023 Before: Employment Judge Murdoch Representation Claimant: Mr Goodwin, counsel Respondent: Mr Meredith, in person[1]The complaint of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed.[2]In respect of the calculation of remedy for unfair dismissal:a. The claimant would not have been fairly dismissed if the respondent had followed a fair procedure in dismissing her.b. An uplift of 20% will be made under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to the compensatory award for unfair dismissal for the respondent’s failure to follow the requirements of the ACAS Code of Practice on Disciplinary and Grievance Procedures in respect of the claimant’s dismissal.c. The claimant did not contribute by her conduct to her dismissal. Neither the basic nor compensatory award made by the Tribunal will be reduced accordingly.[3]The complaint of breach of contract in relation to one month notice pay is well-founded.[4]The Tribunal will decide the quantum at a remedy hearing on 11 October 2023. Case Number: 1403636/2022 2