Mr D Andrews v Carnforth Railway Restoration & Engineering Services Ltd: 2419693/2020
EMPLOYMENT TRIBUNALS
Case No 2419693/2020
Between
Mr D AndrewsClaimantCarnforth Railway Restoration & Engineering Services LimitedRespondent
Before
Employment Judge AinscoughIn person for claimantNot represented for respondentDate 11 November 2022
JUDGMENT
The response is struck out.
REASONS
[1]By a letter dated 3 August 2022 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 has 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 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 Ainscough 15 September 2022[1]The respondent has made an unauthorised deduction from the claimant's wages in respect of salary between 15 April 2021 to 30 December 2021 (37 weeks x £484.66 per week) and is ordered to pay the claimant the gross of £17,932.42.[2]The respondent has failed to pay the claimant’s holiday entitlement in respect of 9 days in the holiday year 2020 and 23 days in 2022 and is ordered to pay the claimant the sum of £3101.44 (32 days x £96.92 per day).[3]The respondent has subjected the claimant to harassment related to his disability. His claim succeeds.[4]The respondent victimised the claimant because he brought proceedings pursuant to the Equality Act 2010. His claim succeeds.[5]The respondent is ordered to pay to the claimant the sum of £9000 together with interest of £1560 in respect of the injury caused to his feelings.