Mr James Flavell v Pascere Ltd: 2303171/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 Upon the Respondent failing to to file an ET3 within the time limit imposed by rule 16 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and notifying the Tribunal that it will not attend the hearing listed for 19 December 2018; AND Upon considering the representations of the Respondent; AND Upon it being noted that that the Respondent bears the burden of showing that, as a matter of fact, the Claimant was guilty of gross misconduct.[1]The Claimant was dismissed in breach of contract in respect of notice.[2]The Respondent is ordered to pay the Claimant the sum of £1,415.00 in damages calculated as the net sum after tax and national insurance for 1 month’s pay.[3]The hearing listed on 19 December 2018 is cancelled.