Mr G Pereira v Connaught Dover Ltd: 2300352/2018
JUDGMENT
[1]In default of the Respondent presenting a Response within the relevant time limit and having regard to Rule 21, Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the Judgment of the Tribunal is that:- The claim of unfair dismissal succeeds and the hearing on 6 September 2018 is converted to a remedy hearing with a time estimate of 2 hours at which the remedy to which the Claimant is entitled will be determined. __________________________ Employment Judge Freer Date: 13 August 2018 Case No: 2300352/2018 10.7 Judgment with reasons – rule 62 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr G Pereira Respondent: Connaught Dover Limited Heard at: Ashford On: 6 September 2018 Before: Employment Judge Pritchard Representation Claimant: In person Respondent: Mr M Simpson, directorREASONS
[1]In default of the Respondent presenting a response within the relevant time limit, Employment Judge Freer issued Judgment under Rule 21 on 31 August 2018 declaring that the Claimant had been unfairly dismissed.[2]The final hearing listed to be held on 6 September 2018 was converted to a remedy hearing.[3]By email dated 5 September 2018 the Respondent applied for the Judgment to be revoked.[4]The case came before me today, the Respondent’s application remaining outstanding. Mr Simpson of the Respondent renewed the application. He told me that he had posted the ET3 Response Form to the Tribunal on 2 June 2018 having placed it in the post box at Maidstone Post Office. He assumed, until only very recently, that the Tribunal must have received it. Mr Simpson made the point that he would not have prepared for today’s hearing, including preparation of a hearing bundle, if he thought the Tribunal had not received the response. Case No: 2300352/2018 10.7 Judgment with reasons – rule 62 March 2017[5]The Claimant did not wish to make any representations about the Respondent’s application.[6]I accepted what Mr Simpson had to say. I concluded that perhaps the response had been lost in the post or, although less likely, received by the Tribunal but misfiled. I determined that it was in the interests of justice for the Judgment to be revoked so that the Respondent had the opportunity to defend the claim.[7]I made Case Management Orders for the future conduct of the proceedings. Employment Judge Pritchard ______________________________________ Date: 6 September 2018 Case Number: 2300352/2018 1 EMPLOYMENT TRIBUNALS Claimant: Mr G Pereira Respondent: Connaught Dover Limited Heard at: Ashford On: 20 May 2019 Before: EMPLOYMENT JUDGE CORRIGAN Representation Claimant: In person Respondent: Mr Martin Simpson, Director[1]The Claimant was unfairly dismissed by the Respondent and is awarded compensation of £1,952 to be paid by the Respondent to the Claimant. This award consists of: Basic award £540 Compensatory award £1,412 (the compensatory award includes a 50% reduction to reflect the chance of dismissal in any event and both awards include 50% reduction for contribution) Case Number: 2300352/2018 2 Recoupment does not apply to this award.