Miss P Waterhouse v Banfield Estate Agents Ltd: 2301392/2023

EMPLOYMENT TRIBUNALS
Case No 2301392/2023
Miss P WaterhouseClaimantBanfield Estate Agents LimitedRespondent
Employment Judge WrightDate 6 November 2023

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 28 March 2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £11,500.02 gross.[3]The respondent must pay the claimant £11,500.02 in total.[4]The claimant is responsible for any figures owed to HMRC in respect of tax or national insurance contributions.

REASONS

The claimant sent an email to the Tribunal on 2 August 2023 requesting that her claim 2301366/2023 be disregarded because when she submitted the ET1 she did not have enough evidence at the time. The Claimant explained that she wanted to continue with claim 2301392/2023 instead. An administrative error led to the Tribunal believing that the Respondent had failed to respond to the claimants ET1 claim form for 2301392/2023 and 2301366/2023 which was due on 29 August 2023. Accordingly, a Rule 21 Judgement was issued and sent to both parties on 22 November 2023. The judgement is hereby revoked. The case will therefore be listed for hearing and a notice of hearing will be sent to both parties in due course.