Miss B Riley v Nationwide Crash Repair Services Ltd (in administration) and Secretary of State for Business, Energy & Industrial Strategy: 2415528/2020
JUDGMENT
The claim is struck out.REASONS
[1]By a letter dated 9 August 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because 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. Employment Judge Dunlop 9 September 2021[1]The Judgment striking out the claim because it has not been actively pursued it set aside.[2]The claimant is permitted to amend her claim to claim a protective award. The claimant’s other claims are dismissed upon withdrawal.[3]The claimant is entitled to a protective award on the same basis as other claimants who worked for the respondent at its Swinton branch (see the decision in case 2415656/2020). Case No: 2415528/2020 2[4]The Tribunal therefore makes a protective award in favour of the claimant and orders the first respondent to pay remuneration for a protected period of 90 days, beginning on 4 September 2020.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award.