Extreme Heating Ltd v Mr O Cornick: 1601544/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The employer’s contract claim was issued in the Wales Employment Tribunals on 8 September 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. The employer’s contract claim therefore succeeds on liability only. The claimant must prove the loss claimed at the hearing listed on 28 February 2021. _____________________________ Employment Judge Sharp Date 17 November 2021 JUDGMENT SENT TO THE PARTIES ON 19 November 2021 ........................................................................ AND ENTERED IN THE REGISTER ......................................................................... FOR THE TRIBUNAL OFFICE Mr N Roche Case Number: 1600921/2021 1601544/2021 EMPLOYMENT TRIBUNALS Claimant: Mr O Cornick Respondent: Extreme heating LTD 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.