Mr A Arulanthranan v Mr Aravinth Sivasithamparam and Mrs Karthika Aravinth T/a Jet Well Hall Service Station: 2305310/2019
JUDGMENT
[1]The respondents having failed to file a response in time or at all, it is adjudged that the claimant’s following claims are wellfounded:-(1) Unfair dismissal.(2) Breach of contract in respect of notice pay.(3) Underpayment of wages under the National Minimum Wages Regulations and Section 13 of Employment Rights Act.[2]So that the Tribunal can make a further judgment on remedies, by no later than 22 May 2020 the claimant is ordered to notify the respondents and the Tribunal of the specific amounts claimed by him for each of the heads of claim above to date, and the means by which they are calculated. EXPLANATORY NOTE. This Rule 21 judgment was issued following a telephone case management hearing on 30 April 2020, at which neither party attended. The respondents had not submitted a response in time or at all and were not entitled to take part in the proceedings except to apply for an extension of time to submit a response. The claimant’s representative did not attend the hearing and attempts to contact at the nominated telephone number by the Tribunal were unsuccessful. 10.7 Judgment with reasons – rule 62 1 Case Number: 2305310/2019 Case Number: 2305310/2019 EMPLOYMENT TRIBUNALS Claimant. Mr Ahinan Arulnanthan Respondents(1) Mr Aravinth Sivasithamparan(2) Mrs Karthika Aravinth Before: Employment Judge Hargrove. RULE 21 JUDGMENT ON REMEDIES The Tribunal having entered a judgment on liability on 30 April 2020 in default of any response from the respondents, and upon considering further evidence as to remedies, it is ordered that the respondents pay to the claimant the following sums as compensation for unfair dismissal: A basic award of £640.26.[2]A compensatory award of £498.44 for loss of earnings, plus £350 for loss of statutory rights.[3]An uplift of 10% for breach of the statutory code of practice amounting to £148.87. Total: £1637.57. CONSEQUENCES OF NON-COMPLIANCE Case Number: 2305310/2019 14 September 2020. Employment Judge Hargrove Online publication of judgments and reasons The Employment Tribunal (ET) is required to maintain a register of all judgments and written reasons. The register must be accessible to the public. It has recently been moved online. All judgments and written reasons since February 2017 are now available online and therefore accessible to the public at: https://www.gov.uk/employment-tribunal-decisions The ET has no power to refuse to place a judgment or reasons on the online register, or to remove a judgment or reasons from the register once they have been placed there. If you consider that these documents should be anonymised in anyway prior to publication, you will need to apply to the ET for an order to that effect under Rule 50 of the ET’s Rules of Procedure. Such an application would need to be copied to all other parties for comment and it would be carefully scrutinised by a judge (where appropriate, with panel members) before deciding whether (and to what extent) anonymity should be granted to a party or a witness.