Mr J Johnson v A J Addison and Others: 2302326/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 12 July 2022. 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 claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £595.61 (NET).[3]The tribunal has considered the claimant’s claim for expenses and compensation under section 24 of the Employment Rights Act 1996. The claimant’s claim does not succeed.[4]The respondent must pay the claimant £595.61 in total.[5]The hearing listed on 06 February 2023 is cancelled.REASONS
[1]The claimant requested written reasons on 28 November 2022 further to the Tribunal’s Judgment of 22 September 2022 as he intends to appeal.[2]As such, it is assuming he intends to appeal against the decision that his claim for expenses and compensation under s.24(2) of the Employment Rights Act 1996 did not succeed.[3]The reason that claim did not succeed was that although the claimant made the statement that he was owed expenses, he failed to provide evidence of this agreement. Furthermore, there was no reference to expenses in either the termination letter or the contract of employment.[4]For those reasons, that claim failed and was dismissed. _____________________________ Employment Judge Wright ____________________________ Date 6 December 2022 Case No: 2302326/2022 EMPLOYMENT TRIBUNALS Claimant: Mr J. Johnson Respondents: 1) Anthony John Addison 2) Formis Project Management Limited 3) Formis Construction Limited Heard at: London South ET On: 4 March 2024 Before: Employment Judge G. King Representation Claimant: In person Respondents: Did not attend[1]The claim against the First Respondent is dismissed, as the First Respondent did not employ the Claimant.[2]The claim against the Second Respondent is dismissed, as the Second Respondent did not employ the Claimant.[3]The claim against the Third Respondent is well founded. The Third Respondent unfairly dismissed the Claimant.[4]The Third Respondent shall pay the Claimant:a. A basic award of £3,426.00b. a compensatory award of £8,984.00c. £300.00 in respect of loss of statutory rightsd. £1384.62 as a result of failure to provide the Claimant with written particulars of employment.[5]The total amount payable by the Third Respondent to the Claimant is £14,094.62. _____________________________ Case No: 2302326/2022