J Lynas v Lloyd’s Register GMT Ltd: 2500097/2021
JUDGMENT
ON LIABILITY Employment Tribunals Rules of Procedure 2013 – Rule 21 The judgment of the Tribunal is that:[1]The complaints of unfair dismissal and wrongful dismissal are well founded and succeed.[2]The hearing listed on 21 May 2021 is converted to a Remedy Hearing with a time estimate of 1 hour.REASONS
[3]On 20 January 2021, the Claimant presented a Claim Form to the Tribunal in which he brought complaints of unfair dismissal and wrongful dismissal arising out of the summary termination of his employment as a laboratory technician on 22 October 2020.[4]The proceedings were served on the Respondent at its Registered Office with a response date of 26 February 2021. However, no response was returned. Therefore, in accordance with rule 21 of the Tribunal Rules of Procedure an Employment Judge must decide whether on the available material a determination can properly be made of the claim or part of it, and to the extent that a determination can be made, the Employment Judge must issue a judgment.[5]The Claimant has set out the basis of his complaints in his particulars of his claim with sufficient clarity as to enable me to make a determination on his complaints.[6]In the absence of any response from the Respondent and based on the content of the Claim Form I am satisfied that the Claimant was unfairly and wrongfully Case Number: 2500097/2021 2 of 2 dismissed. Therefore, it was appropriate for a judgment to be issued to that effect. I was not in a position to determine remedy. Therefore, the date which had been set aside for the full hearing will be converted to a shorter remedy hearing. The Respondent is entitled to have notice of that hearing and to participate in it. ` __________________________ Employment Judge Sweeney 17 March 2021 Case Number: 2500097/2021 1 THE EMPLOYMENT TRIBUNALS Claimant: Mr J Lynas Respondent: Lloyds Register GMT Ltd Heard: Newcastle Employment Tribunal At: Civic Centre On: 28 February and 1 March 2022 Before: Employment Judge Martin Representation: Claimant: Mr L Mann (Solicitor) Respondents: Mr H Menon (Counsel)[1]The claimant’s complaint of unfair dismissal is well-founded. However, the claimant is not awarded any compensation in respect of his claim.[2]The claimant’s complaint of breach of contract (notice pay) is not well founded and is hereby dismissed.