Mrs C Manning v Potr Ltd: 2305646/2020
JUDGMENT
[1]Employment Tribunals Rules of Procedure 2013 Rule 21 No response compliant with rule 16 of the Rules of Procedure having been entered by the respondent, the claims of breach of contract and unpaid holiday pay succeed. The respondent is ordered to pay the claimant £14,615.38 forthwith. The hearing listed for 19 August 2021 is vacated. _____________________________ Employment Judge Andrews Date: 22 April 2021[2]Case No:2305646/2020 EMPLOYMENT TRIBUNALS Claimant Mrs C Manning Represented by In person Respondent Portr Ltd Represented by Mr R Darby, Chief Executive Before: Employment Judge K Andrews Reconsideration Hearing held on 22 September 2021 at London South Employment Tribunal by video[4]Rule 70 the Employment Tribunal Rules of Procedure 2013 The Judgment dated 22 April 2021 has been reconsidered and revoked.REASONS
The claim form was served by the Tribunal on the wrong email address for the respondent. Accordingly when the rule 21 Judgment was entered the respondent had not been given a proper opportunity to defend the claim. The process will be restarted with the claim form served again on the respondent at rdarby@portr.com. A separate Order has been made with directions for a final hearing on 3 December 2021. The parties shall be notified separately of a new hearing date and case management orders. _____________________________ Employment Judge Andrews Date: 22 September 2021 Case number(s) 2305646/2020 EMPLOYMENT TRIBUNALS Page 1 of 2 Claimant Mrs C Manning Respondent Airportr Technologies Limited (formerly Portr Limited) Heard at London South (video conference) On 3 December 2021 Before Judge M Aspinall (sitting as an Employment Judge) Representation Claimant: Mrs C Manning (in person) Respondent: Mr R Darby (Director of company) JUDGMENT Having heard from the Claimant in person and from Mr Darby as a Director of the Respondent, the judgment of the Tribunal is:[1]That, by agreement of the parties, the name of the Respondent is amended to Airportr Technologies Limited.[2]That the Claimaint’s claim for holiday pay, accrued and unused, at the date of the termination of employment is well-founded. The Respondent shall pay to the Claimant the gross sum of the £4,615.38 for which the Claimant will account to Her Majesty’s Revenue and Customs: Annual salary: £120,000 Annual salary/260: £461.54 per day Annual holiday entitlement: 25 days plus bank holidays Leave year start: 1 January 2020 Employment end: 10 June 2020 Entitlement accrued: 11 days Leave taken: 1 day Balance of leave due: 10 days 10 x 461.54: £4,615.38 gross due to Claimant[3]That the Claimant’s claim for breach of contract (non-payment of bonus) is well-founded. The Respondent shall pay the gross amount of £5,486.92 to Case number(s) 2305646/2020 Page 2 of 2 the Claimant for which the Claimant will account to Her Majesty’s Revenue and Customs. It is ordered:[4]That the name of the Respondent is changed to Airportr Technologies Limited.[5]That the Respondent shall pay to the Claimant the sum of £10,102.30 forthwith. Judge M Aspinall 3 December 2021 Notes 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.