Ms E Zagorska v Aedis Regulatory Services Ltd: 2304924/2019
JUDGMENT
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 – Rule 21[1]The claim for unlawful deductions from wages (in the form of unpaid wages, notice and holiday pay) succeeds.[2]The Respondent is ordered to pay the Claimant the sum of £8,085.38.[3]The Claimant is responsible for payment of tax and national insurance due on this sum, if any. ………………………………………………REASONS
[1]By way of an ET1 presented on 8 November 2019 the Claimant made a claim for a protective award consequent upon her redundancy dismissal on 10 July 2019. The Respondent, which commenced winding up under a Creditors Voluntary Liquidation on 22 July 2019, failed to present a response.[2]Rule 21 judgment was not entered in respect of the Claimant’s claim for a protective award. Instead, a hearing was fixed to take place today, 17 December 2021. Notice of Hearing was sent to the Claimant’s email address on 5 August 2021.[3]The Claimant lives in Poland.[4]On 16 December 2021, the Tribunal sent login details to the Claimant to enable her to join the hearing by video. The Claimant replied to say that she would be unable to participate in the hearing with only one day’s notice. Regional Employment Judge Freer considered the Claimant’s reply as an application to postpone the hearing. He refused that application because the notice of hearing had been sent to the Claimant’s personal email address on 5 August 2021. Case No: 2304924/2019[5]The Claimant did not appear at the hearing before me today. She has not discharged the burden of proof as to the number of employees proposed to be dismissed at the same establishment, the time period for doing so, the extent of the alleged lack of consultation, the failure to elect appropriate representatives. On the information available I was unable to make a determination of the Claimant’s claim.[6]In accordance with Rule 47, the Claimant’s claim for a protective award is dismissed. Note