Mr G Macfarlane and Mr S Lynch v J Melton Ltd and Mould Doctor Ltd: 2602963/2022 and 2602924/2022
JUDGMENT
[1]The Claimant’s application to strike out the response is refused.[2]The respondents shall pay the claimant’s costs of and occasioned by the respondent’s failure to comply with the orders of EJ Ahmed and EJ M Butler, to be assessed if not agreed in accordance with rule 78(1)(a) of the 2013 rules.[3]Separate case management orders follow. Employment Judge Clark Date: 15 February 2024REASONS
[1]By a letter dated 28 March 2024 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because• The respondents had not complied with the Order of the Tribunal dated 19 February 2024; and• The unreasonable conduct of proceedings by the respondents.[2]The respondents have failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge.[4]The claim will now proceed to a remedy hearing. ___________________________ Employment Judge M Butler 4 April 2024[1]The responses filed in both cases are struck out pursuant to Rule 37(1) (b) and (c) of the Employment Tribunal (Constitution & Rules of Procedure) Regulations 2013.[2]Permission for the respondent to participate in the hearing was refused.[3]The following claims brought by Mr Macfarlane succeed:a. unfair dismissal,b. unauthorised deductions from wages,c. wrongful dismissal (notice pay),d. statutory redundancy pay.[4]The following claims brought by Mr Lynch succeed:a. unfair dismissal,b. unauthorised deductions from wages,c. wrongful dismissal (notice pay),d. statutory redundancy pay. Case Number: 2602963/2022 & 2602924/2022 2 of 3[5]The respondent shall pay to Mr Macfarlane the following awards:a. £2,564.28 as compensation for lost earnings following his unfair dismissal,b. a statutory redundancy payment in the sum of £7,020.00 (9 x 520.00 x 1.5),c. compensation for failure to pay notice pay in the sum of £3,846.42,d. compensation for failure to pay accrued untaken holiday pay in the sum of £1,282.14, ande. £824.87 in respect of unpaid wages outstanding at the date of termination of his employment.[6]The respondent shall pay to Mr Lynch the following awards:a. £6,044.74 as compensation for lost earnings following his unfair dismissal,b. a statutory redundancy payment in the sum of £17,100.00 (26 x 570.00 x 1.5),c. compensation for failure to pay notice pay in the sum of £5,579.76,d. compensation for failure to pay accrued untaken holiday pay in the sum of £929.96, ande. £5,655.00 in respect of unpaid wages outstanding at the date of termination of his employment.