Mr M Barrow v Two Spotted Dogs Ltd: 2602202/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Midlands East Employment Tribunals on 9/9/2021. The respondent has failed to present a valid response on time. The Employment Judge has decided that 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 claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing on 24/1/2022 listed for 2 hours Employment Judge Swann Date: 4/11/2021 Case Number: 2602202/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mr M Barrow Respondent: Two Spotted Dogs Limited Heard at: Nottingham On: 24 January 2022 Before: Employment Judge Smith (sitting alone) Representation For the Claimant: Ms E Taylor, Legal Adviser For the Respondent: No attendance[1]In respect of his successful unfair dismissal claim the Respondent is ordered to pay to the Claimant the sum of £8,137.28, which is composed of the following elements:(1) A basic award of £783.53; and,(2) A compensatory award of £7,398.75, representing: (a) Loss of earnings assessed at £7,193.82; and, (b) Loss of statutory rights assessed at £204.93. The recoupment provisions do not apply.[3]It is declared that during the period 4 November 2020 to 4 July 2021 the Respondent made unauthorised deductions from the Claimant’s wages. The Respondent is therefore ordered to pay to the Claimant the gross sum of £3,582.01 in compensation. Case Number: 2602202/2021 2[4]In relation to the Claimant’s successful notice pay claim, damages are assessed at nil owing to the principle against double recovery.[5]In relation to his successful claim under Regulation 30 of the Working Time Regulations 1998, no award of compensation is made.[6]The Claimant was not issued with a statement of employment particulars. The Respondent is ordered to pay to the Claimant the sum of £819.72 (representing the higher amount of 4 weeks’ pay) in compensation under section 38 of the Employment Act 2002.