Mr O Cornick v Extreme Heating Ltd: 1600921/2021 and 1601544/2021
JUDGMENT
[1]The Respondent’s response to claim 1600921/2021 is struck out.[2]The Respondent’s application for remedy in its counter claim of 1601544/2021 is struck out.REASONS
[1]By a letter dated 28 April 2022 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response to claim 1600921/2021 and application for remedy in the counterclaim 1601544/2021 should not be struck out because• the Respondent had not complied with the Order of the Tribunal dated 27 February 2022 and the defence to claim and own counterclaim are not being 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. The Claimant’s claim will proceed to be heard on 6 June 2022. Employment Judge Harfield Date: 28 April 2022[1]The Respondent has made an unlawful deduction from the Claimant’s wages and is ordered to pay the Claimant the gross sum of £1114.22.[2]The Respondent has failed to pay the Claimant’s holiday entitlement and is ordered to pay the Claimant the gross sum of £454.41.[3]The Respondent has failed to supply a statement of the Claimant’s employment particulars pursuant to section 38 of the Employment Act 2002 and is ordered to pay the Claimant two weeks’ pay in the gross sum of £716.16.[4]The Claimant is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded in respect of unpaid wages and unpaid holiday pay.