Regional Employment Judge ParkinMr J Humphries (instructed by Solicitor) for claimantMr Humphries (instructed by Solicitor) for claimantNot represented for respondentDate 21 July 2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing, listed before an Employment Judge sitting alone at 10 am on 21 July 2020 at Manchester Employment Tribunal, Alexandra House, 14-22 The Parsonage, Manchester M3 2JA, with a time allocated of 3 hours.[2]By 26 May 2020, the claimant is to serve his revised witness statement on the respondent, with a copy to the Tribunal.[3]By 7 July 2020, the claimant is to serve his updated Schedule of Loss on the respondent, with a copy to the Tribunal.
REASONS
The hearing proceeded as a telephone case management hearing on the first day of a final hearing originally listed on 28-30 April 2020. However, by letter dated 23 April 2020, the Tribunal confirmed that the response had been dismissed under Rule 38 for non-compliance with the Unless Order made on 25 October 2019 and sent to the parties on 18 November 2019. Accordingly, the respondent was and is only entitled to notice of hearings and decisions and to participate in any hearing to the extent permitted by the Employment Judge. Case Number: 2402541/19 Code A ph outcome re case management 2 2013 rules Regional Employment Judge Parkin 28 April 2020 Sent to the parties on: 28 April 2020 For the Tribunal: Case No. 2402541/2019 1 EMPLOYMENT TRIBUNALS Claimant: Philip Spence Respondent: 3Ronin Limited Heard at: Manchester On: 21 July 2020 Before: Employment Judge Leach REPRESENTATION: Claimant: Mr Humphries, Solicitor Respondent: Did not attend and was not represented JUDGMENT The judgment of the Tribunal is as follows:-[1]The claimant is entitled to the following awards:a. A. Award for automatic unfair dismissal –(i) A basic award. The claimant is not entitled to a basic award.(ii) A compensatory award. The compensatory award is £8,828.64.(iii) Uplift pursuant to s207(A) Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRA”) – failure to comply with applicable ACAS Code of Practice. The uplift awarded is 25%, therefore £2,430.47. Total under A = £11,259.11.b. B. Unlawful deduction from wages £302.35 (gross). Uplift pursuant to s207(A) TULRA – failure to comply with applicable ACAS Code of Practice. The uplift awarded is 25%, therefore £75.58 (gross). Case No. 2402541/2019 2 Total under B = £377.93 grossc. C. Holiday pay – non-payment of 1.12 days’ holiday entitlement = £101.30 (gross). Total under C = £101.30 gross[2]The recoupment regulations do not apply.