Mrs S French v TWH Romsey Ltd: 2200504/2020
JUDGMENT
[1]The respondent has failed to file an ET3 Grounds of Resistance in this case.[2]Having considered the ET1, Employment Judge Adkin has decided that a determination of the claim can properly be made without a hearing and the hearing listed for 7 May 2020 will not take place.[3]The Judgment of the Tribunal, made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, is that the respondent unlawfully failed to pay wages to the claimant. Compensation[4]The respondent is ordered to pay to the claimant £5,258.63.REASONS
[1]The total figure set out above is comprised of the following:a. Under section 86(1)(b) of the Employment Rights Act 1996 (“ERA”) the Claimant is entitled to one weeks’ notice for each of her five years in employment. Based on monthly pay of £1,823, five weeks pay is £2,103.46.b. The situation described by the Claimant is a redundancy falling within the meaning of section 139 of the ERA. She is entitled to a redundancy payment, based on a gross weekly pay of £420.69, 1.5 week’s pay for each full year worked when 41 or older, the statutory redundancy payment is £3,155.17. 4.17 Rule 21 judgment – universal template Case No: 2200504/2020[1]The Respondent by a letter dated 30 June 2020 objected to the Judgment given on 6 May 2020 in the Claimant’s favour on the basis that TWH Romsey Ltd was not and had never been a party to the proceedings given that the Claimant had brought the claim against the White Horse Hotel And Brasserie. I treated that letter as an application to reconsider the earlier Judgment under Rule 70. The Claimant by an email dated 2 July 2020 sent at 14:24 objected to the Respondent’s letter, stating that the hotel is run by Romsey Hospitality Limited.[2]It follows that even on the Claimant case the Judgment has been entered against the wrong legal entity.[3]I consider therefore that it is in the interests of justice to revoke the earlier Judgment and allow the correct Respondent to defend the claim.[4]I will give instructions for the Tribunal administration to re-serve a notice of claim on Romsey Hospitality Limited and allow that entity to defend the claim. - 1 - Case Numbers: 2200504/2020