Employment Judge WallisIn person for claimantNo appearance or representation for respondentDate 1 February 2018
JUDGMENT
The response is struck out.
REASONS
[1]By a letter dated 11 July 2017 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because the respondent had not complied with the Order of the Tribunal dated 6 June 2017.[2]The respondent has failed to make representations in writing why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. Employment Judge Wallis 20th September 2017 Case No: 2300728/2017 10.2 Judgment - rule 61 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr K Martin Respondent: 8Point3 Limited (In Creditors’ Voluntary Liquidation) Heard at: Ashford On: 1 February 2018 Before: Employment Judge John Crosfill Representation Claimant: In Person Respondent: No appearance or representation[1]The Claimant’s claims under the Equality Act 2010 are dismissed upon withdrawal by the Claimant.[2]The Respondent is ordered to pay the Claimant a statutory redundancy payment of £1437.00 pursuant to Part XI of the Employment Rights Act 1996 calculated according to the schedule below.[3]The Claimant is awarded the following in respect of his claim for unfair dismissal brought under Part X of the Employment Rights Act 1996:a. A basic award pursuant to Section 119 of the Employment Rights Act 1996 reduced to nil by reason of the order that the Respondent do pay a redundancy payment.b. A compensatory award of £42,000 pursuant to Section 123 of the Employment Rights Act 1996 calculated in accordance with the Schedule set out below.[4]The Respondent is ordered to pay the Claimant the sum of £42,000 in respect of his claim for unfair dismissal.[5]Accordingly, the total sum ordered under paragraphs 2 and 4 is £43,437.00[6]The tribunal being satisfied that in respect of each day falling within the period to which the prescribed element relates the employee has neither received nor claimed jobseeker’s allowance or income support the Employment Protection (Recoupment of Jobseeker’s Allowance and Case No: 2300728/2017 10.2 Judgment - rule 61 March 2017 Income Support) Regulations 1996 do not apply to the awards above. Schedule Redundancy payment/basic award The Claimant had 2 years continuous service during which he was over the age of 4. The Claimant’s weekly gross pay exceeded the statutory cap of £479. Redundancy payment = 2 x 1.5 x £479 = £1,437.00 Unfair Dismissal – Compensatory Award pursuant to Section 123 of the Employment Rights Act 1996 The Claimant had not failed to mitigate any loss. The Claimant’s monthly net pay was £2644.04 The Claimant was paid for November 2016 up to 1 December 2016. The loss to the date of the tribunal hearing = 14 months x £2,644.04 = £37016.56 The Tribunal found that the loss would continue for 2 months at the present rate and thereafter at a reduced rate of 20% for a further 6 months = (2 + 6 x 20%) x £2644.04 = £8460.93 The total past and future loss = £45477.49 The Tribunal made an award of £450 to reflect the loss of statutory rights. Total award = £45477.49 + £450 = £45927.49 Applying the cap imposed by Section 124 (52 weeks gross pay) the award is reduced to £42,000.