Miss N Johnson v 4 Life Healthcare Ltd: 2602861/2021

EMPLOYMENT TRIBUNALS
Case No 2602861/2021
Miss N JohnsonClaimant4 Life Healthcare LimitedRespondent
Employment Judge AhmedIn person for claimantMr A Khan (director (instructed by the respondent) (until he left prior to remedy calculation)) for respondentDate 31 January 2022

JUDGMENT

Employment Tribunals Rules of Procedure 2013 􀂱 Rule 21[1]The claim was issued in the Midlands East Region of the Employment Tribunals on 14 November 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 25 March 2021 at 10.00am. _____________________________ Employment Judge Ahmed Date: 31 January 2022 Case Number: 2602861/2021 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Miss Johnson Respondent: 4 Life Healthcare Limited Heard at: Nottingham On: 25 March 2022 Before: Employment Judge Fredericks Appearances For the claimant: In person For the respondent: Mr A Khan (director of the respondent) (until he left prior to remedy calculation) RECONSIDERATION OF JUDGMENT[1]The respondent’s applications(1) for reconsideration of the whole of the judgment given under Rule 21 of the Employment Tribunal Rules of Procedure 2013 (“Default Judgment”), and(2) to extend time to file a response, are both dismissed.[2]The Default Judgment is varied upon the Tribunal’s own motion to the extent that judgment covers the claimant’s claim for unlawful deduction from wages only.[3]By consent, the claimant’s claim for unfair dismissal is dismissed because it is out of time and beyond the jurisdiction of the Tribunal.[4]Consequently, it remains the case that the claimant has suffered an unlawful deduction for the two months of her employment in 2021.[5]Following the claimant suffering an unlawful deduction from wages over a two month period, the respondent is ordered to pay the claimant £3,333.33 (that being two months of her offered salary of £20,000 per annum). Employment Judge Fredericks Case Number: 2602861/2021 2 of 2 Dated: 30 March 2022 Note: Full reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless requested in writing within 14 days of the sending of this judgment.