Mr G Westwell v WC1LDN Ltd and Altonian Coaches Ltd: 1405436/2023

EMPLOYMENT TRIBUNALS

Case No 1405436/2023

Between

Mr G WestwellClaimant

(1) WC1LDN Ltd (2) Altonian Coaches LtdRespondent

Before

Employment Judge Midgley

In person for claimant

Not represented for respondent

Date 24 January 2025

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rules 21, 37 and 47

[1]The claimant was a person with a disability in the period 5 July 2023 to 1 October 2023

[2]The responses of the First and Second Respondents are struck out pursuant to rule 37(c) and (d) and/or pursuant to rule 47.

[3]The claims under the Employment Rights Act 1996 against the Second Respondent are dismissed.

[4]Default Judgment pursuant to Rule 21 is entered against the First Respondents in respect of the claims under the Employment Rights Act 1996 and against the First and Second Respondents in relation the claims under the Equality Act 2010. Case No: 1405436/2023 4.17 Rule 21 judgment – universal template. 01/01/14

[5]The sums to which the claimant is entitled as compensation for losses and injury to feelings will be determined at a remedy hearing in accordance with the Orders below. Employment Judge Midgley Date: 22 August 2024

[1]The Second Respondent’s application for the Judgment of 16 August 2024 to be reconsidered pursuant to Rule 70 is granted as it is necessary and in the interests of justice to vary or revoke the Judgment.

[2]The Judgment of 16 August against the Second Respondent (only) is revoked.

[3]The claims against the Second Respondent are dismissed.

[4]The Claimant’s application for a time preparation order against the Second Respondent in respect of his preparation for this hearing is granted. The Second Respondent’s failure to respond to the Notice of Claim and Notice of Hearing for 16 August 2024 was unreasonable conduct within the meaning of Rule 74(1)(a).

[5]By consent the Second Respondent is Ordered to pay the Claimant £714.00 pursuant to Rule 76. Case No: 1405436/2023

[6]The Claimant’s application for a time preparation order against the First Respondent in respect of his preparation for the hearings on 16 August 2024 and 20 September 2024 is granted. The First Respondent’s failure to comply with case management orders and to attend the hearing was unreasonable within the meaning of Rule 74(1)(a).

[7]The First Respondent is Ordered to pay the Claimant £1,274.00 pursuant to Rule 76. Approved by