Ms M Larkin v Stessa Leisure (Tynemouth) Ltd: 2502601/2019

EMPLOYMENT TRIBUNALS

Case No 2502601/2019

Between

Ms M LarkinClaimant

Stessa Leisure (Tynemouth) LtdRespondent

Before

Employment Judge Garnon

Date 14 October 2019

REASONS

[1]The claim was presented on 30 August 2019 against “Stessa Leisure (Tynemouth)” without the word “Limited”. 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 11 October 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 remedy as well . Case Number 2502601/19

[3]I have in the claim form sufficient information to enable me to find the claims proved on a balance of probability and to determine remedy. The law of unlawful deduction of wages is in Part 2 of the Employment Rights Act 1996 and that of compensation for untaken annual leave in the Working Time Regulations 1998. The common law provides a contract of employment may only be terminated with reasonable notice, which in this case is the contractual period of 4 weeks, unless the respondent shows gross misconduct has occurred which it has not. TM Garnon