Ms D Chester v Secretary of State for Business, Energy and Industrial Strategy and Nevison Pharmacy Ltd: 1803863/2021
JUDGMENT
The complaints against the second respondent are struck out.REASONS
[1]By a letter dated 30 July 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaints against the second respondent should not be struck out because she has already brought the claims against the second respondent and received judgment dated 19 February 2020.[2]The claimant’s representations are without merit. Her claim before the Tribunal is against the Secretary of State only under section 188 of the Employment Rights Act 1996. There is no rule or basis for the claim to be presented against the second respondent. No doubt the information on the Secretary of State’s website envisages a claim to the Insolvency Service before any Employment Tribunal proceedings. In this case the claimant came to the Tribunal first and the information does not apply.[3]The claimant’s claim against the first respondent remains listed for hearing on 24 September 2021. Employment Judge JM Wade Date: 11 August 2021 Case No: 1803863/2021 10.2 Judgment - rule 61 March 2017 EMPLOYMENT TRIBUNALS Claimant: Ms D Chester Respondent: The Secretary of State for Business, Energy and Industrial Strategy Heard at: Leeds by CVP On: 24 September 2021 Before: Employment Judge Maidment Representation Claimant: Mr S Butler, Solicitor Respondent: Did not attend[1]The respondent is ordered to pay to the claimant damages for breach of contract (notice pay) in the gross sum of £197.04.[2]The respondent is ordered to pay to the claimant the gross sum of £73.12 in respect of a shortfall of accrued but untaken holiday entitlement as at the termination of her employment.