Miss A Tinkler v Mr D Ready: 2501097/2021
JUDGMENT
ON MERITS Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Claimant’s claim for holiday pay, pursuant to Regulation 14 of the Working Time Regulations 1998, is well-founded.[2]The compensation for the above claim will be decided at a remedy hearing on 26 October 2021. Employment Judge Arullendran Date: 6 October 2021 Case Number: 2501097/2021 1 THE EMPLOYMENT TRIBUNALS Claimant: Miss A Tinkler Respondent: Mr David (T/A The Crusty Roll) Ready Heard at: Newcastle upon Tyne Hearing Centre On: Tuesday 14th December 2021 Before: Employment Judge Johnson Representation: Claimant: In Person Respondent: In Person HEARING BY CVPREASONS
[1]This matter came before me this morning for consideration of the following matters:-(i) the respondent’s application to set aside the judgment on liability promulgated on 6th October 2021;(ii) the respondent’s application for an extension of time in which to submit his response form ET3; Case Number: 2501097/2021 2(iii) if the above applications by the respondent are granted, to consider the merits of the claimant’s claim for unpaid holiday pay.[2]The parties were notified on 24th November that today’s hearing would take place by way of CVP on 14th December at 10.00am. At 10.00am this morning Mr Ready had joined the conference. Ms Tinkler had also joined the conference but, unfortunately, Ms Tinkler could not be heard. Several attempts were made to connect Ms Tinkler to the conference, but those efforts proved impossible. Ms Tinkler was able to contact Employment Judge Johnson by telephone, but unfortunately she could not be properly heard by Mr Ready. I was satisfied that it would not be possible to for a contested hearing to take place today and I indicated to both parties that I was minded to postpone the hearing yet again and relist it for an in-person hearing at the Middlesbrough Hearing Centre, some time in February 2022.[3]I indicated to both parties that there were difficulties with each side’s case. I enquired as to whether they were interested in a mediation process, by which terms of settlement may be negotiated. Both Ms Tinkler and Mr Ready indicated in clear and unequivocal terms that they wished to have the case settled today, if at all possible.[4]It was then agreed that Mr Ready would pay to Ms Tinkler the sum of £300.00 in respect of her claim for unpaid holiday pay. Both parties agreed that there should be a judgment in favour of the claimant against the respondent in that amount. Mr Ready confirmed that he already has the claimant’s bank details and will arrange to transfer the money to her upon receipt of the employment tribunal’s judgment.[5]On that basis, judgment was entered by consent. G Johnson EMPLOYMENT JUDGE JOHNSON