T Sargent v DTMS Group Ltd: 2501946/2024
JUDGMENT
[1]The claim for wrongful dismissal (failure to give notice) is well founded and succeeds. The Respondent is ordered to pay the Claimant damages in the sum of £366.60.REASONS
[2]The Claimant presented an ET1 against the Respondent on 07 October 2024. A Response was due by 10 December 2024 but none was returned. On 13 December 2024, the Tribunal wrote to the Respondent to say that because of this a judgment might be issued in favour of the Claimant. On the same day the Tribunal asked the Claimant to provide further information in respect of his complaint, which he subsequently did.[3]The Claimant worked as an Amenities Operator for the Respondent under a contract of employment from 10 July 2023 to 19 August 2024.[4]The Claimant was entitled to one week’s notice of termination of employment. His employment was terminated on that date without notice or payment in lieu of notice. The failure to give the Claimant notice was in breach of the Claimant’s written contract of employment. His weekly gross pay after tax and national insurance was £366.60. The Claimant did not obtain alternative employment during his notice period, nor did he receive any benefits.[5]Under rule 21 of the Tribunal Rules of Procedure 2013, where on the expiry of the time limit in rule 16 no response has been presented and no application for a reconsideration is outstanding, an employment Judge shall decide whether on the available material, a determination can properly be made of the claim or part of it. If there is, the judge shall issue a judgment, otherwise a hearing must be fixed before a judge alone.[6]I was satisfied that I had sufficient information to issue a judgment under rule 21 of the ET Rules and that the total amount of damages to be paid to the Claimant was £366.60.