Ms L Briden v Northern Parking Services (North East) Ltd: 2502206/2019

EMPLOYMENT TRIBUNALS

Case No 2502206/2019

Between

Ms L BridenClaimant

Northern Parking Services (North East) LtdRespondent

Before

Employment Judge Garnon

Date 8 August 2019

REASONS

[1]The claimant was employed from 8 April to 3 June 2019. She commenced Early Conciliation (EC) on 14 June. An EC certificate was issued by ACAS on 19 June . She presented her claim on 1 July The claim was accepted and served on 5 July, by post to the registered office of the respondent as confirmed by a company search. A response was due by 2 August 2019 but none was received.

[2]An Employment Judge is required by rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and, if so, obliged to issue a judgment which may determine liability only or liability and remedy. I have in the claim form sufficient information to enable me to find the claim proved on a balance of probability and to determine the sums to be awarded. Although an email sent by the claimant suggests she may wish to claim for compensation for untaken annual leave , but there is no such claim on her claim form

[3]The common law provides a contract of employment may be brought to an end by reasonable notice. Dismissal without such notice is termed ”wrongful”. Damages for wrongful dismissal are the amount of pay due to the employee during the notice period (see Addis v The Gramophone Company) which under her contract was four weeks, not the minimum specified in s 86-88 of the Employment Rights Act 1996 ( the Act ) TM Garnon