Mr C W Davies and Ms D Chaloner v Mott MacDonald Ltd and others: 1602380/2020 and 1602381/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The first respondent (R1), Mott MacDonald Ltd., dismissed the claimants unfairly.[2]R1 discriminated against the claimants in respect of the protected characteristic of age.[3]R1 made unauthorised deductions from the claimants’ wages.[4]R1 breached the claimants’ contracts with regard to notice of termination..[5]R1 has failed to pay holiday pay due to the claimants.[6]In the absence of evidence that the second and third respondents, Mr Holcroft (R2) and Ms Miles (R3), have been served and in the absence of any responses, the claimants’ claims of age discrimination against R 2 and 3 are stayed to a preliminary hearing. At that preliminary hearing further consideration will be given to the involvement of R 2 and 3 in these proceedings, the preparation of the claimants’ quantification of their claims and general case management leading to a remedy judgment.[7]Following the said preliminary hearing the sum to be awarded to the claimants, payable by R 1, may be assessed on submission of written evidence by the claimants and a further judgment (Remedy Judgment) may be made in due course. A formal remedy hearing may not be required; if there is to be a remedy hearing a Notice shall be issued.