Mr T O’Connell v L Foster T/a Snackajacks: 2408461/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the North West Employment Tribunals on 15 July 2021. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of part of the claim in accordance with rule 21 of the Rules of Procedure.[2]The claimant named Luke Foster/Paul Jones as the respondent to the claim but stated that this is the same person. The name of the respondent is amended to Luke Foster t/a Snackajacks.[3]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £486.[4]The respondent is to pay the gross sum for unauthorised deductions from wages less the appropriate deductions for tax and national insurance, if any, for which it must account to HMRC.[5]In accordance with Rule 66 the sum awarded must be paid within 14 days of the date of this judgment.[6]The complaint of discrimination on the grounds of sexual orientation will be decided at a final hearing, details of which are given in a separate notice of hearing.REASONS
[1]By a letter dated 17 March 2023 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the discrimination claim should not be struck out because:• the claimant had not complied with the Order of the Tribunal dated 7 November 2022; and/or• it has not been actively pursued.[2]The claimant 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 claim is therefore struck out.