Mr K Irving v Paramount Power and Data Ltd: 2502524/2019
REASONS
[1]The claim was presented on 19 August 2019 against “Paramount Power and Data” without the word “Limited”. A company may be sued in its trading name. Service was effected on the registered office as confirmed by a company search . No injustice is done by adding the word Limited to the title of the respondent. The response was due by 9 October 2019 but none was received. 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 I am obliged to issue a judgment which may determine liability only or and remedy as well .[2]I have in the claim form sufficient information to enable me to find the claims proved on a balance of probability but not to determine remedy. I can see the claimant has mitigated his loss but he cannot be awarded notice pay for a period covered by the compensatory award for unfair dismissal . Some of the sums he claims are subject to the statutory cap in s 227 of the Employment Rights Act 1996 ( the Act) on the amount of a week’s pay. He has not quantified his claim for loss of the value of a company car or given any information about the value of loss of statutory rights. The law of unfair dismissal is in Part X of the Act and the provisions for compensation are in s118-124A . Case Number 2502524/19[3]At the remedy hearing, the respondent may be heard on remedy only. TM Garnon