Mrs T J King v K Herskind BS Forty Ltd T/a Winford Manor: 1405515/2020
JUDGMENT
The claim is struck out.REASONS
[1]By a letter dated 18 May 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it has not been actively pursued.[2]The claimant 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 claim is therefore struck out. Employment Judge Cadney Date: 16 June 2021 Judgment and Reasons sent to the Parties: 24 June 2021 FOR THE TRIBUNAL OFFICE Case Number: 1405515/2020 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mrs T King Respondent: BS Forty Ltd Heard at: Bristol On: 20th October 2021 Before: Employment Judge P Cadney Representation: Claimant: In Person Respondent: Mr A R Wyatt PRELIMINARY HEARING JUDGMENT The judgment of the tribunal is that:- i) The Judgment entered on 16th June 2021 striking out the claimant’s claims is revoked.[1]Revocation of Strike Out Judgment – The claimant’s claims were struck out for the failure to respond to tribunal correspondence. It transpired that the claimant had made an error in her email address in the ET1 claim form and so was not receiving the correspondence. I accept that that was the result of an error and that the claimant’s failure to respond was not deliberate. In the circumstances I am satisfied that it is the interests of justice to set aside the Judgment and allow the claims to proceed.[2]Name of Respondent – Both parties are agreed that the correct name of the respondent is BS Forty Ltd as set out above. Case Number: 1405515/2020 2 of 2 Employment Judge P Cadney Date: 22 October 2021 Judgment sent to the parties: 09 November 2021 For the Tribunal Office Case No: 1405515/2020 EMPLOYMENT TRIBUNALS Claimant: Mrs T King Respondent: BS Forty Ltd Heard at: Remotely by Cloud Video Platform (CVP) On: 10th February 2022 Before: Employment Judge Lambert Representation Claimant: Mrs King Respondent: Mr Wyatt, Company Director[1]The complaint of failure to pay holiday pay is well founded and the Respondent is ordered to pay the agreed sum of £820 to the Claimant immediately.[2]The complaints of breach of contract for failure to pay notice pay and a redundancy payment are not well founded and are dismissed.