Mr A Williams v Interim Health and Fitness Ltd (In Liquidation): 1806673/2020
JUDGMENT
[1]By a letter dated 12 January 2022 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out becausea. the respondent had not complied with the Order of the Tribunal dated 22 September 2021.b. it has not been actively pursued.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge.[4]It is not appropriate to issue a judgment. It may be necessary to consider whether the tribunal has jurisdiction to hear this case because of potential questions about the claimant’s employment status. The tribunal may also need to be satisfied as t the amount of compensation the claimant claims and particularly whether he has reasonably mitigated any losses. The case remains listed for hearing on 27 January 2022 by video, but the length of the hearing is reduced to one day. Employment Judge Miller Date 21 January 2022 Case number: 1806673/2020 Case No: 1806673/2020 EMPLOYMENT TRIBUNALS Claimant: Mr A Williams Respondent: Intrim Health and Fitness Limited (in liquidation) Heard at: Leeds Employment Tribunal On: 27 January 2022 By: Cloud Video Platform (CVP) Before: Employment Judge Youngs Representation Claimant: Mr P Farrell, Solicitor Respondent: Not in attendance[1]The Claimant was an employee of the Respondent from November 2015 to his dismissal by the Respondent on 25 July 2020.[2]The Claimant’s claim for notice pay succeeds and the Respondent is Ordered to pay £1,360, subject to deductions.[3]The Claimant’s claim for unlawful deductions succeeds and the Respondent is Ordered to pay 18 weeks’ pay at £340 a week, which is £6,120 gross.[4]The Claimant’s claim for holiday pay succeeds. Based on the Claimant’s weekly pay at the relevant times, he is entitled to, and the Respondent is Ordered to pay:a. 4.2 weeks pay for the 2019/2020 holiday year, which is £1,428 grossb. 4 weeks pay for the 2018/2019 holiday year, which is £1,360 grossc. 4 weeks pay for the 2017/2018 holiday year, which is £1,280 grossd. 4 weeks pay for the 2016/2017 holiday year, which is £1,200 grosse. 4 weeks pay for the 2015/2016 holiday year, which is £1,120 gross.