Mr A Rauch v Transpora London Buses and others: 2218575/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London Central Employment Tribunals on 17 April 2024. The respondents have failed to present a valid response on time. The Employment Judge is satisfied that the Respondents were validly served with the claim form. Whilst it is conceivable that one or even two copies of a paper claim could go missing in the post, it is unlikely that four copies would be mislaid. The address to which the claim forms were delivered was the registered address of the second Respondent. The Respondents have been aware of the claim through ACAS and were provided with a copy of the claim form by the claimant’s representatives on 17 July 2024. They were also sent a link to this hearing by email. The Tribunal administration made contact with the Respondents by email immediately before the hearing and received a reply from the Director of the Second Respondent, Rhys Hand, stating that, “The company has ceased to trade.” This status is not reflected on the Companies House entry for the second Respondent. Even if the Tribunal is wrong in its assumption that the Respondents received postal copies of the claim form when served by the Tribunal on 9 May 2024, the Tribunal is satisfied that the claim form has come to the attention of the respondents for the purposes of rule 91 of the 2013 Rules.[2]The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure. The title of the 4.17 Rule 21 judgment – universal template. September 2017 Case No: 2218575/2024 second respondent has been corrected to reflect its change of name notified to Companies House on 24 July 2024. 2. The respondents have made unauthorised deductions from the claimant’s wages (by way of holiday pay) and must pay the claimant £841.84 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondents must pay damages to the claimant of £570.