Mr Ian Waugh and Ms Ruth McCormick v Samuel Smith Old Brewery (Tadcaster): 1807369/2017 and 1807370/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The following claims advanced by the claimants are well founded and the remedy to which the claimants are respectively entitled will be determined at a Remedy Hearing namely: 1.1 The claims of unfair dismissal[2]A Remedy Hearing is to be listed with an estimated length of two hours before an Employment Judge sitting alone at North Shields Hearing Centre as soon as possible. Notification of the date and time of the Remedy Hearing will follow under separate cover. The Orders set out in the letter from the Employment Tribunal to the parties dated 15 January 2018 are revoked.[3]The claimants are ordered to bring to the Remedy Hearing the original and two copies of their contracts of employment and a statement of all sums claimed from the respondent and two copies of all documents relied on to support such claims.[4]The name of the respondent is amended to Samuel Smith Old Brewery (Tadcaster).[5]The respondent will only be able to partake in the Remedy Hearing to the extent permitted by theREASONS
[1]The claimants filed claims with the Tribunal on 22 December 2017 which were served on the respondent on 15 January 2018.[2]The respondent has failed to file any response to the proceedings.[3]The claimants claim various sums from the respondent which are not specifically set out in the claim forms and therefore I conclude that a Remedy Hearing is required. Employment Judge A M Buchanan Date: 13 March 2018 Case Nos: 1807369/2017 & 1807370/2017 4.17 Rule 21 judgment – universal template. 01/01/14 EMPLOYMENT TRIBUNALS Claimants:(1) Mr I Waugh(2) Miss R McCormick Respondent: Samuel Smith Old Brewery (Tadcaster) Registered as an unlimited company Heard at: North Shields On: 1 June 2018 Before: Employment Judge Hargrove Representation: Claimants: Mr C Henshall, Solicitor Respondent: No attendance[1]The claimant Mr I Waugh is entitled to the following remedies which the respondent is ordered to pay:-1.1 A basic award of £1,860 (£310 x 6).1.2 A compensatory award consisting of –• Loss of basic net salary to date of remedies hearing - £11,308.62 (41 weeks x £275.82).• Loss of statutory rights - £400.• Loss of pension contributions to the date of the remedies hearing - £3,215.63 (41 weeks x £78.43 per week).• Loss of accommodation and paid utilities benefits to date of remedies hearing - £2,601.86 (41 weeks x £126.92 per week divided by 2). Case Nos: 1807369/2017 & 1807370/2017 4.17 Rule 21 judgment – universal template. 01/01/14• Loss of long notice period - £551.64 (2 weeks’ net pay). No award is made for future loss of earnings. The Recoupment of Benefit Regulations 1996 apply to the award for loss of earnings. The prescribed period is from 26 October 2017 to 5 December 2017.[2]The claimant Miss R McCormick is entitled to the following remedies which the respondent is ordered to pay:-1.1 A basic award of £1,860 (£310 x 6).1.2 A compensatory award as follows –• Loss of basic salary to the date of the remedies hearing - £3,287.79 (41 weeks x £80.19 – at the sick pay rate).• Loss of statutory rights - £400.• Loss of pension contributions to the date of the remedies hearing - £831.89 (41 weeks x £20.29 per week).• Loss of accommodation and paid utilities benefits to date of remedies hearing - £2,601.86 (41 weeks x £126.92 per week divided by 2).• Loss of long notice period - £160.38 (2 weeks’ net pay). There is no award for future loss of earnings. The Recoupment of Benefit Regulations 1996 apply to the award for loss of earnings. The prescribed period is from 10 September 2017 to date. ___________________________________ EMPLOYMENT JUDGE HARGROVE