Mrs D Knapp and Mr M Knapp v Mr B Goodbridge: 2302308/2017 and 2302309/2017
EMPLOYMENT TRIBUNALS
Case No 2302308/2017, 2302309/2017
Between
Mrs D Knapp Mr M KnappClaimantMr B GoodbridgeRespondent
Before
Employment Judge BaronIn person for claimantNo appearance or representation for respondentDate 5 July 2018
JUDGMENT
[1]It is the judgment of the Tribunal that the judgments in these claims dated 7 November 2017 are revoked.[2]The Tribunal orders that the proceedings be re-served on the Respondent at The Staplecross Shrub Centre, Cripps Corner Road, Robertsbridge, East Sussex TN32 5QR. Employment Judge Baron 16 January 2018 Case No: 2302308/2017 10.2 Judgment - rule 61 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mrs D Knapp Respondent: Mr Brian Goodridge Heard at: London South (Ashford) On: 29 June 2018 Before: Employment Judge John Crosfill Representation Claimant: In person Respondent: No appearance or representation[1]Upon hearing from the Claimant, I am satisfied that it was not reasonably practicable for the Claimant to present her claim within the period specified by Sub-Section 111(2)(a) and that it was presented within a reasonable time thereafter.[2]The Respondent has failed to present a response within the time limit imposed by Rule 16 to Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (the Tribunal rules). Pursuant to rule 21(2) of the Tribunal rules I consider that upon the information provided to me by the Claimant I am able to properly determine the claim.[3]The Claimant’s claim for breach of contract by reason of her wrongful dismissal brought pursuant to the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 succeeds. The Respondent is ordered to pay the Claimant the sum of £288.00 in damages.[4]The Claimant’s claim for unlawful deduction of wages brought pursuant to Sections 13 and 23 of the Employment Rights Act 1996 is well founded. I make a declaration to that effect. The Respondent is ordered to pay the Claimant: 4.1. 6 day’s pay calculated as 8 hours per day at £7.20 per hour = £345.60 Case No: 2302308/2017 10.2 Judgment - rule 61 March 2017 4.2. The sum of £69.04 additional loss caused by the failure to pay the sum above.[5]The Claimant’s claim for accrued but untaken annual leave brought pursuant to Regulation 30 of the Working Time Regulations 1998 succeeds. The Respondent is ordered to pay the Claimant 10 day’s pay calculated as 8 hours per day at £7.20 per hour = £576.[6]For the avoidance of doubt the Respondent is ordered to pay the Claimant the total sum of (£288 + £345.60 + £69.04 + £576) = £1287.64 Employment Judge John Crosfill Date 5 July 2018 Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 2302309/2017 10.2 Judgment - rule 61 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mrs D Knapp Respondent: Mr Brian Goodridge Heard at: London South (Ashford) On: 29 June 2018 Before: Employment Judge John Crosfill Representation Claimant: In person Respondent: No appearance or representation[1]Upon hearing from the Claimant, I am satisfied that it was not reasonably practicable for the Claimant to present his claim within the period specified by Sub-Section 111(2)(a) and that it was presented within a reasonable time thereafter.[2]The Respondent has failed to present a response within the time limit imposed by Rule 16 to Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (the Tribunal rules). Pursuant to rule 21(2) of the Tribunal rules I consider that upon the information provided to me by the Claimant I am able to properly determine the claim.[3]The Claimant’s claim for breach of contract by reason of his wrongful dismissal brought pursuant to the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 succeeds. The Respondent is ordered to pay the Claimant the sum of £340.00 in damages.[4]The Claimant’s claim for unlawful deduction of wages brought pursuant to Sections 13 and 23 of the Employment Rights Act 1996 is well founded. I make a declaration to that effect. The Respondent is ordered to pay the Claimant: 4.1. 6 day’s pay calculated as 8 hours per day at £8.50 per hour = £408.00 4.2. The sum of £81.60 additional loss caused by the failure to pay the sum Case No: 2302309/2017 10.2 Judgment - rule 61 March 2017 above.[5]The Claimant’s claim for accrued but untaken annual leave brought pursuant to Regulation 30 of the Working Time Regulations 1998 succeeds. The Respondent is ordered to pay the Claimant 12 day’s pay calculated as 8 hours per day at £8.50 per hour = £816.[6]For the avoidance of doubt the Respondent is ordered to pay the Claimant the total sum of (£340 + £408 + £81.60 + £816) = £1645.60