Mr M Dunn v Cardiff Metropolitan University: 1600942/2021

EMPLOYMENT TRIBUNALS
Case No 1600942/2021
Mr M DunnClaimantCardiff Metropolitan UniversityRespondent
Employment Judge SharpDate 4 October 2021

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Wales Employment Tribunals on 09 August 2021. 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.[3]The hearing listed on 28 February is converted to a Remedy Hearing. _____________________________ Employment Judge Sharp Date: 4 October 2021 The judgment of 4 October 2021 is revoked.[2]The reason for the revocation is that the Respondent’s application for an extension of time to file and serve a Response and revocation of the Rule 21 Judgment was made on 8 October 2021. While the Tribunal was in the course of considering the application, and awaiting the comments of the Claimant, the Claimant on 1 November 2021 withdrew his claim and made no further representations. The claim was then dismissed by a legal officer on 12 November 2021. This has brought the proceedings to an end, but the Respondent renewed its application for the Rule 21 Judgment to be revoked on 10 November 2021 and on a number of occasions since. The Respondent’s applications were referred to the Judge on 11 January 2022. The Judge considers that it is in the interests of justice to revoke the Judgment now as it would have been revoked to allow the Response to be filed and served for the reasons relied upon by the Respondent in its original application.