Mrs S Henry v Ms T Manners: 1602291/2019

EMPLOYMENT TRIBUNALS
Case No 1602291/2019
Mrs Sarah HenryClaimantMs Theresa MannersRespondent
Employment Judge S JenkinsDate 26 June 2020

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Respondent unfairly dismissed the Claimant and is ordered to pay the Claimant the sum of £366.75 in respect of the basic award.[2]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay damages to the Claimant in the gross sum of £353.16.[3]The Respondent has failed to pay the Claimant’s holiday entitlement and is ordered to pay the Claimant the gross sum of £220.05.[5]The hearing listed on 29 June 2020 is cancelled. Employment Judge S Jenkins _____________________________ Date: 26 June 2020

REASONS

[1]At the time the claim was lodged, the Respondent was subject to a bankruptcy order.[2]Section 285(3) of the Insolvency Act 1986 provides that no person who is a creditor of a bankrupt shall commence any legal proceedings except with the leave of the court, and no such leave was granted.[3]The Tribunal therefore had no jurisdiction to consider the claim.