Mrs G Gray v J Com Ltd and K McMahon: 2301119/2019
JUDGMENT
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 – Rule 21[1]The following claims against the First Respondent succeed as a consequence of its response being struck out:a. Disability discriminationb. Unfair dismissalc. Unlawful deductions from wages (including unpaid holiday pay)[2]Nothing in this Judgment shall affect those claims against the Second Respondent, which shall be determined at a final hearing.[3]Remedy will be determined at a separate hearing. ………………………………………………REASONS
HEARING
[1]The case was listed for a full merits hearing by CVP because of emergency arrangements made following Presidential Direction because of the Covid 19 pandemic.[2]The claimant’s representative intimated that the claim against the second respondent had been withdrawn and that it should be dismissed.[3]The Tribunal acceded to the request in the circumstances. Case Number: 2301119/2019 2 ___________________________________ EMPLOYMENT JUDGE TRUSCOTT QC Date 12 July 2021 Case Number: 2301119/2019 1 EMPLOYMENT TRIBUNALS Claimant: Mrs G Gray Respondent:(1) J. Com (UK) Limited in liquidation(2) Mr K McMahon HEARING Heard at: London South Employment Tribunal (by CVP) On: 12 July 2021 Before: Employment Judge Truscott QC Ms R Bailley Mr J Turley Representation: For the Claimant: Mr J Cosgrove legal adviser For the Respondent: No appearance or representation.[1]The case was listed for a full merits hearing by CVP because of emergency arrangements made following Presidential Direction because of the Covid 19 pandemic.[2]By Order dated 3 March 2021, the Tribunal ordered that the claim against the first respondent succeed in consequence of the response being struck out on 26 October 2020.[3]The claimant’s representative provided a schedule of loss with supporting documents. The award is based on the schedule and is as follows: Case Number: 2301119/2019 2 Basic award £13,208.00 Loss to date of hearing £84,151.00 Future loss £10,629.60 Unpaid annual leave £1903.71 Unlawful deduction from wages £2728.00 Total award £112620.31