Mr D Ward v Blueprint Life Ltd: 1600612/2019
JUDGMENT
[1]Employment Tribunals Rules of Procedure 2013 – Rule 21 In the absence of an ET3 response form from the respondent, and there being sufficient material before me to enable a proper determination to be made, I uphold the following claims:• Holiday Pay• Arrears of Pay This judgment applies to liability only. The matter will now proceed to a hearing on remedy, before an Employment Judge sitting alone, with a time estimate of one hour. I act in accordance with my powers under Rule 21 of the Employment Tribunal’s Rules of Procedure 2013. Employment Judge Howden-Evans _____________________________ Date: 2 August 2019[2]JUDGMENT SENT TO THE PARTIES ON 2 August 2019 AND ENTERED IN THE REGISTER ………………………………………………… FOR THE TRIBUNAL OFFICE 10.7 Judgment with reasons – rule 62 March 2017 Case No: 1600612/2019 EMPLOYMENT TRIBUNALS Claimant: Mr D Ward Respondent: Blueprint Life Limited Heard at: Cardiff On: 4 October 2010 Before: Representation Claimant: Not present or represented Respondent: Not entitled to participate due to its failure to submit a Response[4]No compensation is ordered to be paid by the Respondent to the Claimant.REASONS
[1]The hearing was scheduled as a remedy hearing, to consider what compensation to award the Claimant, following the Judgment issued in his favour on 2 August 2019, in respect of his claims for holiday pay and arrears of pay, following the failure by the Respondent to enter a valid response.[2]The Claimant had also been sent a letter by the Tribunal dated 2 August 2019, in which it had been pointed out to him that compensation in respect of his claims might be able to be awarded to him without a hearing if he provided details in writing of the amounts he was claiming and the justification for the payment of those sums. However, no response to that letter was received from the Claimant and the remedy hearing therefore remained.[3]At the commencement of the hearing, the Claimant was not in attendance and there had been no communication from him to explain his non-attendance.[4]Rules 47 of the Employment Tribunals Rules of Procedure notes that, if a party fails to attend or be represented at a hearing, the Tribunal may dismiss the claim or proceed with the hearing in their absence. The Rule notes that, before doing so, the Tribunal shall consider any information which is available to it, after any 10.7 Judgment with reasons – rule 62 March 2017 enquiry that may be practicable, about the reasons for the party’s absence.[5]In view of the Claimant’s non-attendance at the hearing, and his previous failure to respond to the Tribunal’s correspondence, I considered it appropriate to proceed with the hearing in his absence.[6]In the circumstances, and without any evidence from the Claimant as to the sums he was claiming, I considered that it would not be appropriate to award any compensation to him in respect of his claims.