Miss Gemma Ratcliffe v Campor Ltd: 2501336/2017
REASONS
[1]The claimant filed a claim with the Tribunal on 13 October 2017 which was served on the respondent on 16 October 2017.[2]The respondent has failed to file any response to the proceedings.[3]The claimant claims various sums from the respondent which are not specifically set out in the claim form and therefore I conclude that a Remedy Hearing is required. Case Number: 2501336/2017 Employment Judge A M Buchanan Date: 14 November 2017[1]The claim for a redundancy payment is dismissed on withdrawal by the claimant.[2]For the avoidance of doubt all other claims advanced by the claimant will proceed to final hearing pursuant to case management orders issued separately. EMPLOYMENT JUDGE BUCHANAN[1]By a letter dated 17 March 2018 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• the respondent had not complied with the Orders numbered 2.2, 4.1, 5.1 and 6.3 of the Tribunal dated 16 January 2018.[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 Buchanan 18 April 2018 Case No: 2501336/2017 EMPLOYMENT TRIBUNALS Claimant: Miss G Ratcliffe Respondent: Campor Limited Heard at: Newcastle upon Tyne On: 23 April 2018 Before: Employment Judge Martin Representation: Claimant: In person Respondent: No attendance or representation[1]The claimant’s complaint of breach of contract (notice pay) is wellfounded. The claimant is awarded the sum of £1,258.30 calculated as follows:- 29/06/17-03/08/17 – 5 weeks @ £251.66 = £1,258.30.[2]The claimant’s complaint of breach of the Working Time Regulations (holiday pay) is well-founded. The claimant is awarded compensation in the sum of £1,358.91 calculated as follows:- For the year 1/4/16 -31/3/17 20 days @ £50.33 = £1,006.60 For the period 01/04/17-20/06/17 7 days @ £50.33 = £ 352.31 TOTAL = £ 1,358.91[3]The claimant’s complaints of unfair dismissal and disability discrimination are well-founded. The claimant is awarded compensation under both heads of claim as follows:- Basic Award 2 half years x £277.50 = £ 277.50 Case No: 2501336/2017 3 years x £277.50 £277.50 x 3 = £ 832.50 SUB TOTAL = £ 1,110.00 Compensatory award 04/08/17-23/04/18 37 weeks @ £251.66 = £ 9,311.42 Loss of statutory rights = £ 350.00 Add 25% for uplift for failure to follow ACAS Code of Practice = £ 2,415.35 TOTAL COMPENSATORY AWARD = £12,076.77 Add injury to feelings for disability discrimination = £ 8,600.00 TOTAL AWARD FOR COMPENSATION FOR DISABILITY DISCRIMINATION & UNFAIR DISMISSAL = £21,786.77 The Employment Protection (Recoupment of Awards) Regulations 1996 apply to this award. The prescribed period is 1 July 2017 until 23 April 2018. The prescribed element is £11,639.27. EMPLOYMENT JUDGE Martin