Employment Judge DeeleyIn person for claimantNot represented for respondentDate 15 August 2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Leeds Employment Tribunals on 12 April 2022. 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 in accordance with rule 21 of the Rules of Procedure.[1]The Tribunal declares that the respondent has made an unauthorised deduction from the claimant's wages in relation to:a. 3 weeks’ wages for January 2022, bank holiday pay and overtime pay, and is ordered to pay the claimant the gross sum of £747.25; andb. 7.8 days’ accrued holiday and is ordered to pay the claimant the gross sum of £573.30.[2]The claimant was dismissed in breach of contract (notice pay) and the respondent is ordered to pay damages to the claimant in the sum of £2425.50.[3]The claimant’s claim of unfair dismissal succeeds and is upheld. The Tribunal awards the claimant the gross sum of £3638.00 as a basic award. For the avoidance of doubt, the Tribunal has not made a compensatory award as part of this Rule 21 Judgment.[4]The hearing remains listed for the 9th August 2022 with a reduced time estimate of 3 hours. NOTES[1]The respondent did not enter a response to this claim.[2]If the claimant wishes to seek a compensatory award in respect of her unfair dismissal claim, any such compensation will need to be determined at a hearing of this claim. Case No: 1801864/2022 4.17 Rule 21 judgment – universal template. September 2017[3]Public access to Employment Tribunal judgments: Judgments and written reasons for judgments, where they are provided, are published in full online at www.gov.uk/employmenttribunal- decisions shortly after a copy has been sent to the parties in the case. Employment Judge Deeley Date: 24 May 2022 Case No: 1801864/2022 1 EMPLOYMENT TRIBUNALS Claimant: Mrs J Cody Respondent: S J Marlow Pipework Services Ltd (in voluntary liquidation) HELD at Leeds by CVP ON: 9 August 2022 BEFORE: Employment Judge Shulman REPRESENTATION: Claimant: In person Respondent: Did not appear and was not represented
REASONS
[1]Claim Unfair dismissal[2]Issues The issue in this case relates to what compensatory award the claimant is entitled to.[3]The law The Tribunal has to have regard to sections 123 and 124 Employment Rights Act 1996 considering whether or not to make a compensatory award. Case No: 1801864/2022 2[4]Existing Judgment 4.1. Employment Judge Deeley made a Judgment under Rule 21 of the Employment Tribunal Rules of Procedure 2013 in which she dealt (on 24 May 2022) with all the claimant’s claims, including unfair dismissal but the Employment Judge could not make a compensatory award and hence this hearing. 4.2. The Tribunal took the claimant through Judge Deeley’s Order and she agreed that the only issue outstanding was a compensatory award.
hearing.
[5]Facts The Tribunal having carefully reviewed all the relevant evidence (both oral and documentary) before it finds the following facts (proved on the balance of probabilities): 5.1. The claimant was at the time of her dismissal on 22 January 2022, 67 years of age. 5.2. She had it in mind to retire but the respondent asked her to stay on and the claimant estimated in her evidence that that would continue for six months from the date of the request, which was 3 January 2022. 5.3. The claimant does not have alternative employment, nor did she seek any after her dismissal. 5.4. Her gross weekly pay is £220.50. 5.5. The respondent went into voluntary liquidation on 19 July 2022.[6]Determination of the issue After listening to the evidence made by and on behalf of the claimant (and taking into account the response): 6.1. Taking into account the estimate of the claimant as to how long she would continue assisting the respondent and taking into account the fact that the respondent did not go into liquidation until 19 July 2022 the Tribunal awards the claimant six months pay by way of compensatory award which comes to the sum of £5733.00. 6.2. The Tribunal awards the claimant the sum of £500.00 by way of loss of statutory industrial rights. 6.3. The grand total is £6233.00 _______J Shulman