Mr A Haque v Secretary of State for Business Energy and Industrial Stategy: 2203557/2019
JUDGMENT
UNLESS by 31 March 2020 the respondent amends the response to set out its defence (if any) to the claim in contract for notice pay:[1]Judgment for the claimant in the contract claim in the sum of £4,312.61[2]Other claims to be decided at the hearing starting 14 July 2020.REASONS
[1]The claim presented to the tribunal on 20 September 2019 included a claim for underpayment of notice. The claimant was employed by the respondent from 2003 until 29 July 2019. Under the minimum terms implied by statute he was entitled to 12 weeks’ notice of dismissal. He claims he was paid only 4 weeks’ notice and is entitled to the balance.[2]In both the response filed 3 December 2019, and the amended response filed 17 December 2019, the respondent did not admit the claim for notice pay and stated it was investigating what he had been paid.[3]Today I was told the respondent’s advisers still had no instructions on the notice pay issue.[4]It is important that the claimant knows what the issue is so that there can be appropriate disclosure and evidence in his witness statement. The respondent has had three months to investigate and clarify why the claim is not admitted. Case Number: 2203557/2019 ph outcome jment and case 2 mngmnt 1.5.14 version There is no information on what difficulties it has met in finding out what the respondent paid the claimant on termination and why.[5]I consider the just and fair action is to give the respondent a further 14 days to set out its defence to this claim. If there is no defence there is no issue to be tried and the claimant is entitled to the money now.[6]The claim form only states the take-home pay, £2,336 per month. That is £538.08 per week, and for 8 weeks that is £4,312.61. The response form has left the boxes asking for pay information incomplete.[7]I have calculated the award on the information available. However, notice pay is taxable, and would ordinarily be awarded on the gross sum. If the response is not amended, so the judgment is effective, and either side wishes to have the amount reconsidered on the basis of the gross pay, application should be made by 14 April 2020.[1]By a claim form presented on 20 September 2019 the claimant brought complaints of unfair dismissal, disability discrimination and harassment, failure to make reasonable adjustments for disability, and underpayment of notice. The respondent defended the claims.[2]In essence, the respondent became dissatisfied with claimant’s performance, and started a performance improvement plan under its capability process. There was a series of warnings. The claimant explained he had dyslexia, hitherto not known to the respondent. Some adjustments were made – there is dispute whether they were adequate or whether enough time was allowed. He was transferred to an operational role for 4 weeks but his performance there was find unsatisfactory, and he was dismissed. The claimant has never had a formal assessment of dyslexia.The issues
[3]We discussed the issues and a list based on that discussion is now attached.[4]The claimant explained that his back problem was not significant in the effect on his work and did not want to amend the claim to add back pain as disability[5]Orders have been made for the claimant to give further information about some parts of the claim, and for the respondent to amend to set out the justification defence, and respond to the further information.[6]The parties wish to retain the existing final hearing date. It was decided not to have a preliminary hearing to decide the disability issue, as it would mean postponing the final hearing. Judicial mediation[7]I raised the possibility of this case being considered for an offer of judicial mediation. The respondent does not wish to enter judicial mediation. If that view changes, the Tribunal is to be notified as early as possible. Case Number: 2203557/2019 ph outcome jment and case 3 mngmnt 1.5.14 version[8]I explained that if the parties do discuss a settlement of the claims, the tribunal must not be told about negotiations unless and until a settlement has been recorded by ACAS. Other matters[9]If the Tribunal determines that the respondent has breached any of the claimant’s rights to which the claim relates, it may decide whether there were any aggravating features to the breach and, if so, whether to impose a financial penalty and in what sum, in accordance with section 12A Employment Tribunals Act 1996.[10]The claimant has had some advice and help with drafting from CSAB and volunteers, but otherwise is unrepresented. I recommended he attend a hearing of a discrimination claim as a member of the public, to familiarise himself with procedure. Arrangements for the first day of the hearing.procedure.
[11]The parties must take the tribunal copies of the witness statements and hearing bundles (see below) direct to the hearing room, before 9.30 a.m. This means arriving at the tribunal no later than 9.15 am, to ensure they clear security in time.