Mrs L Tam v BE Foods Ltd: 1601150/2022
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 26 April 2023 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because the respondent had not complied with the Order of the Tribunal and the claim has not been 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. _____________________________ Employment Judge Harfield Date – 8 June 2023[1]The complaint of unfair dismissal is well-founded.[2]The complaint of unlawful deductions from wages contrary to s 13 Employment Rights Act 1996 and presented pursuant to s 23 Employment Rights Act 1996 is dismissed for want of jurisdiction, being out of time.[3]The claim for holiday pay is not well-founded and is dismissed.[4]The claim for breach of contract (notice pay) is well-founded.[5]The Respondent is ordered to pay to the Claimant the sums of £692.32 (basic award), £2,869.36 (compensatory award), and £500 (loss of statutory rights) in respect of the unfair dismissal, being a total of £4,061.70[6]No separate award is made in respect of notice pay.