Mr D Brown v Alloy Wheel Repair Centre: 2200861/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to file an ET3 Grounds of Resistance in this case.[2]Having considered the ET1, REJ Wade has decided that a determination of the claim can properly be made without a hearing and the Judgment of the Tribunal, made under rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, is as set out below.[3]The respondent has failed to pay wages (including SSP) and holiday pay to the claimant and the tribunal orders the respondent to pay the claimant the sum of £3,500 to account to HMRC for any tax and national insurance due.[4]The hearing listed on 29 July 2021 will not take place. Regional Employment Judge Wade Date: 28 July 2021REASONS
When judgment was given the tribunal understood that the respondent had not filed its ET3 defence. In fact that defence was correctly filed on 5 July 2021 but not referred to a judge and the judgement under Rule 21 against the respondent should not have been made. It is therefore revoked. Employment Judge JL Wade Date___31 March 2022__________ JUDGMENT SENT TO THE PARTIES ON 01/04/2022. FOR THE TRIBUNAL OFFICE Case No: 2200861/2021 EMPLOYMENT TRIBUNALS Claimant: Mr D Brown Respondent: Alloy Wheel Repair Centre Heard at: London Central Employment Tribunal (in public, by CVP) On: 15 June 2022 Before: Employment Judge Gordon Walker (sitting alone) Representation Claimant: represented himself Respondent: Mr A Berlyn, director JUDGMENT[1]The respondent’s application for costs, made pursuant to rule 76(1)(a) of the Employment Tribunals Rules of Procedure 2013, is dismissed.