Miss A Langer v CNH2016 Ltd (In Liquidation) and Secretary of State for Business, Energy & Industrial Strategy: 2300593/2018
JUDGMENT
Under the provisions of Rule 69, the Judgment dated 30 July 2021 is corrected as set out above in bold type The claim against the Secretary of State for Business, Energy and Industrial Strategy is struck out.REASONS
[1]By the Tribunal’s letter dated 3 April 2019, the claimant was put on notice that an Employment Judge considered the claim to have no reasonable prospect of success for the reasons set out at paragraph 12 of the first respondent’s grounds of resistance.[2]The claimant was advised that the claim would be struck out unless she made written representations before 17 April 2019 as to why that should not happen. No written representations have been received.[3]The claim is accordingly struck out. Employment Judge Balogun Dated: 30 July 2021 Corrected on 9 September 2021 Case Number: 2300593/2018 EMPLOYMENT TRIBUNALS Claimant: Miss A Langer Respondent: CNH2016 Ltd (In Liquidation)[1]By a letter dated 2 April 2019 the Tribunal gave the Claimant an opportunity to make representations or to request a hearing as to why this complaint should not be struck out because it has no reasonable prospect of success as a protective award has already been made in respect of a claim brought by GMB Trade Union.[2]The Claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The Claimant’s complaint that the Respondent was in breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, and that she should be paid a protective award pursuant to section 189 of that Act, for a protective award is therefore struck out.[3]The Claimant’s remaining complaints that she was unfairly dismissed and for notice pay, arrears of pay and failure to pay her in respect of accrued but untaken holiday on the termination of her employment are not affected by this judgment.