Employment Judge LancasterIn person for claimantNot represented for respondentDate 23 August 2019
JUDGMENT
The response on behalf of all three respondents is struck out.
REASONS
[1]By a letter dated 23 May 2019 the Tribunal gave the respondents an opportunity to make representations or to request a hearing, as to why the response should not be struck out because it has not been actively pursued.[2]The respondents have failed to make representations in writing, or have 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 respondents 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. Employment Judge Rostant Date: 17 July 2019 Case: 1811404/2018 1 EMPLOYMENT TRIBUNALS Claimant: Miss J Hawkins Respondent: Mr John Lingard AT A HEARING Heard at: Leeds On: 23rd August 2019 Before: Employment Judge Lancaster Representation Claimant: In person Respondent: Response struck out and no attendance at the hearing[1]The correct Respondent to this claim is Mr John Lingard The Claimant was unfairly dismissed.[3]The Respondent is ordered to pay to the Claimant compensation as follows:3.1 Basic award (calculated on 8 years’ continuous employment for 4 of which the Claimant was not below the age of 41, 10 weeks’ pay @£349.50 per week) £3495.003.2 Compensation from 22nd October 2018 to the date of hearing (44 weeks @ 284.20 per week net, less sums earned in alternative employment £8410.40) £4094.403.3 Future loss of earnings (4 weeks at a predicted shortfall of £70 net per week) £280.003.4 Loss of statutory rights £450.00 Case: 1811404/2018 2[4]The award shall be increased by £1398.00 (4 weeks’ pay) under section 38 of the Employment Act 2002 by reason of the failure to give to the Claimant a written statement of the terms and conditions of employment.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply as follows: The monetary award £9717.40 The amount of the prescribed element £852.60 The prescribed period 22nd October to 11th November 2018 The amount by which the monetary award exceeds the prescribed element £8864.80[6]The Respondent has made unauthorised deductions from the Claimnt’s wages and is ordered to pay to the Claimant the following sums:6.1 4 weeks gross wages during the notice period less statutory sick pay received (pursuant to sections 86, 87 and 88 of the Employment Rights Act 1996) £1029.806.2 Sums deducted in connection with the Claimant’s tenancy £330.00[7]The total sum payable to the Claimant, subject to the Recoupment Regulations, is therefore £11,077.20.