Mr I Bateman v Molton Brown: 1803847/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Leeds Employment Tribunals on 21 June 2023. 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.[1]The claim of unfair dismissal succeeds and is upheld. NOTES[2]This judgment deals with liability only, the remedy to which the claimant is entitled will be determined at a remedy hearing. A notice of hearing will be sent separately. The respondent will only be entitled to take part in this hearing to the extent permitted by the Employment Judge who hears the case. Employment Judge Shepherd Date: 18 August 2023 Case Number: 1803847/2023 EMPLOYMENT TRIBUNALS Claimant: Mr I Bateman Respondent: Molton Brown[1]The judgment entered pursuant to rule 21 of the Employment Tribunal Rules of procedure 2013 dated 18 August 2023 and sent to the parties on 30 August 2023 is revoked.[2]The respondent’s application for an extension of time for presenting a response is granted and the draft response is now accepted as the response in this case.[3]The remedy hearing listed to take place by video hearing on 30 October 2023 is converted to a Preliminary Hearing for case management purposes .REASONS
[1]The respondent having failed to send a valid response on time, a judgment pursuant to rule 21 was entered on 18 August 2023.[2]The respondent has applied for a reconsideration of the judgment and an application for an extension of time to present a response pursuant to rule 20. The respondent has provided a draft response.[3]The respondent’s representative indicates that the notice of claim was not received by the respondent at its offices and no response was submitted due to the respondent not being aware of the claim.[4]The draft response shows an arguable defence to the claim.[5]The claimant’s representative has been given the opportunity to make further representations and contends that the respondent had been aware of a pending claim but does not provide any information with regard to receipt of the notice of claim by the respondent.[6]Having considered the submissions from the parties and the information on the Tribunal file, I am satisfied that it is in the interests of justice to revoke the judgment.[7]The remedy hearing listed to be heard on 30 October 2023 is converted to a Preliminary Hearing for the purposes of case management. Employment Judge Shepherd 25 September 2023 Case Number: 1803847/2023 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr I Bateman v Molton Brown Limited Heard at: Sheffield On: 12, 13, 14 and 15 February 2024 Before: Employment Judge James Representation For the Claimant: Mr C Smith, lay representative For the Respondent: Mr J Searle, counsel