Mrs J K Carlisle v Red Star Pub Company (WRIII) Ltd and others: 2602096/2017
JUDGMENT
[1]The proceedings are dismissed against the above named Respondent following a withdrawal of the claim against them by the Claimant. The claim against the remaining Respondents proceeds. _____________________________ Employment Judge Heap 1st May 2018___________________[2]JUDGMENT SENT TO THE PARTIES ON 1st May 2018 FOR THE TRIBUNAL OFFICE[3]Case No:2602096/2017 6.4 Strike Out Judgment – response - rule 37 EMPLOYMENT TRIBUNALS Claimant: Mrs JK Carlisle Third Respondent: Andy Ford And Claire Chapman t/a The Black Swan Forth Respondent: Yews Estates LimitedREASONS
[1]By an Order to disclose documents dated 10 October 2018 the Respondents were ordered to comply with the Claimant's request for documentation. They were ordered to disclose all documentation relevant to the Claimant's complaint which includes any documentation relevant to the transfer of undertaking. In particular clarification as to the date Yews Estates Limited took over conduct of the Public House known as the Black Swan.[2]The fourth Respondent sent an email dated 23 October 2018 attaching a copy of a "Pub Management Agreement" between themselves and the third Respondents. No documents were disclosed regarding the date Yews Estate Limited took over conduct of the Public House known as the Black Swan, nor did the fourth Respondent address or explain why there was no documentation disclosed in respect of paragraph 4 of the Order namely all documentation with regards to any TUPE transfer that may have taken place.[3]The Tribunal was previously provided with a copy of a tenancy agreement which confirmed that the fourth Respondent became a tenant of the Black Swan Public House on 31 July 2017. This confirmation was provided by Red Star Pub Company Ltd on 28 March 2018. It would appear that the fourth respondent subsequently sub let the Black Swan to the third Respondent on 24 August 2017.[4]The fourth Respondent has failed to comply with paragraphs 1, 2 and 4 of the Order of the Tribunal dated 10 October 2018. The Claimant has been seeking to ascertain the identity of her employer since her claim was lodged. The fourth Respondent, despite being served the claim on 23 July 2018 has failed to Case No:2602096/2017 6.4 Strike Out Judgment – response - rule 37 engage in the proceedings. They have not complied with the Orders dated 23 July 2018 and emailed the Claimant's representative asking them to refrain from contacting them as they do not wish to be privy to the proceedings.[5]The Respondents were warned in the Order dated 10 October 2018 that unless they complied with the Order the respective responses would be struck out. Employment Judge Moore Date: 29th October 2018 Case No: 2602096/17 Page 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mrs J K Carlisle Respondents: 1. Paul Darren Haynes t/a The Black Swan 2. Mr Andy Ford & Miss Claire Chapman t/a The Black Swan 3. Yew Estates Ltd Heard at: Leicester On: 17 January 2019 Before: Employment Judge Ahmed (sitting alone) Representation Claimant: Mr S Crawford of Counsel Respondents: No appearance or representation[1]Compensation for unfair dismissal of £7,450.00 net as set out in the schedule below. Damages for breach of contract of £900.00 net.[3]A sum for an unlawful deduction of wages in respect of unpaid salary between 28 July 2017 and 26 September 2017 totalling £1,012.50 net.[4]A sum for an unlawful deduction of wages for holiday pay of £225.00 net.[5]Compensation for failure to inform and consult under Regulations 13 of the Transfer of Undertaking (Protection of Employment) Regulations 2016 totalling £1,462.50 net.[6]Compensation for failure to provide particulars of employment contrary to section 1 of The Employment Rights Act 1996 and pursuant to section 38 of The Employment Act 2002 of £450.00 net. Case No: 2602096/17 Page 2 of 2[7]An uplift of the compensatory award to failure to comply with the ACAS Code of Practice of 25% of £1,525.00 net. Schedule referred to in paragraph 1 above Basic award £1,350.00 Compensatory award £6,100.00 TOTAL £7,450.00