Mrs E Wiles v Alkota Group Ltd: 2600729/2024

EMPLOYMENT TRIBUNALS
Case No 2600729/2024
Mrs Elizabeth WilesClaimantAlkota Group LimitedRespondent
Date 14 August 2024

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Midlands (East) Region of the Employment Tribunals on 17 May 2024. The respondent has failed to present a valid response on time. A determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £12,664 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £3,166.[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,929.[5]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £730.[6]The hearing listed on 15 August 2024 is cancelled.[7]Any remaining claims will stand dismissed on 13 September 2024 unless before that date the claimant writes to the tribunal setting out the basis on which any such claims could proceed.

REASONS

[1]The tribunal has been able to make this judgment because the information provided by the claimant in support of the claim enables it to make a proper determination of those claims, both in terms of the jurisdiction to give judgment, and the nature and extent of the judgment.[2]The Claimant’s claim also intimated she sought a remedy in respect of unquntified pension contributions that had not been paid into her people’s pension account for her benefit. That does not appear to be a claim that the employment tribunal has jurisdiction to determine. This appears to be a matter to be referred to the Pensions Ombudsman. However, I have not dismissed that claim at this stage, if the claimant seeks to argue that the employment tribunal does have jurisdiction to deal with this 4.19 matter, she must write setting out the basis of jurisdiction by 13 September 2024, after which, if no application is made the remaining claims will be dismissed for lack of jurisdiction.