Mr J Riley v Digital Mauve Ltd T/a Mauve Partnership: 2301004/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The name of the respondent is amended as appears in the heading to this Judgment.[2]The claim of unfair dismissal is dismissed as the claimant did not have sufficient continuous service (two years) at termination of employment to bring such a claim.[3]The respondent having failed to enter a response to the claims, Judgment is entered for the claimant in respect of his claims of breach of contract, unpaid wages and unpaid holiday pay.[4]The remedy to which the claimant is entitled will be determined at a Remedy Hearing notice of which will be forwarded to the parties in due course. The respondent will only be entitled to take part in that hearing to the extent permitted by the Judge who hears the case. . Employment Judge Andrews _____________________________ Date: 14 October 2020 Case No: 2301004/2020 4.17 Rule 21 judgment – universal template. September 2017 Case No: 2301004/2020 EMPLOYMENT TRIBUNALS Claimant: Mr J Riley Respondent: Digital Mauve Ltd t/a Mauve Partnership REMEDY JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21 Having considered the claimant’s written submissions dated 28 October 2020, the following awards are made in favour of the claimant, payable by the respondent forthwith: in respect of unpaid wages (net): £2,694.78 in respect of unpaid notice pay (net): £5,389.56 in respect of unpaid holiday pay (net): £ 487.20 less amount paid on 27 March 2020 (476.20) Total payable (net): £8,095.34 _____________________________ Employment Judge Andrews Date: 14 December 2020 Case Number: 2301004/2020 1 EMPLOYMENT TRIBUNALS Claimant Mr James Riley Represented by Mr James Riley Respondent Digital Mauve Ltd T/A Mauve Partnership Represented by Ms Jennifer Linford (Counsel, instructed by DWF Law LLP) Before: Employment Judge L Clarke Hearing held on 28th May 2021 at London South Employment Tribunal [by CVP][1]Paragraphs 3 and 4 of the order of EJ Andrews dated 14th October 2020 are revoked and therefore the corresponding remedy judgment of EJ Andrews dated 14th December 2020 is also revoked.[2]By consent, the Respondent shall, within 7 days of receipt of the Claimant’s bank details, pay to the Claimant the undisputed sum of £2,237.00 in respect of arrears of wages.[3]The parties will be sent a separate case management order setting out the required steps to prepare for the final hearing. ________________________________ Employment Judge L Clarke Date: 31 May 2021 NOTES[1]This Order confirms orders made at a hearing on 28th May 2021.[2]The reasons for this decision were given orally at the hearing. Written reasons will not be provided unless they are asked for by a written request presented by any party within 14 days of this written judgment being sent to the parties. Case Number: 2301004/2020 2[3]Note that both judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the parties. Case Number: 2301004/2020 THE EMPLOYMENT TRIBUNAL[1]The claimant was constructively and wrongfully dismissed by the respondent.[2]The respondent is ordered to pay compensation to the claimant in the sum of £5,389.56 forthwith. __________________________ Employment Judge K Andrews Date: 5 January 2022 Note SITTING AT: LONDON SOUTH BEFORE: