Miss S Vandeldt v Prem House Clinic Ltd (In Creditors Voluntary Liquidation): 2402960/2021
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 3rd March 2023 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because it had not been actively pursued.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The respondent’s liquidators have confirmed that they do not intend to participate in the proceedings. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Horne 15 August 2023[1]The respondent was in fundamental breach of contract, the claimant was constructively unfairly dismissed and her claim for unfair dismissal brought under section 95(1)(c) of the Employment Rights Act 1996 is well-founded. The claimant does not seek a remedy for unfair dismissal.[2]The claimant was not paid contractual notice pay. The claimant’s claim for breach of contract (wrongful dismissal notice pay) succeeds and the respondent is ordered to pay to the claimant damages in the sum of £6552.00 gross less lawful deductions of tax and national insurance (3 months @ £2184 gross per month).[3]The claimant’s claim for accrued unpaid holiday brought under the Working Time Regulations is well-founded for 2020 and 2021. The respondent is ordered to pay to the claimant outstanding holiday pay in the sum of £1159.20 less lawful deductions of tax and national insurance.[4]The claimant suffered an unlawful deduction of wages, and the claimant’s claim brought under section 13(1) of the Employment Rights Act 1996 is well founded. The respondent is ordered to pay to the claimant unpaid wages in the sum of £5302.20 gross less lawful deductions of tax and national insurance. Case Number: 2402960/2021 2 of 4