N Tayab v Oasis Care UK Group Ltd: 2603065/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Midlands East Employment Tribunals on 7 December 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.[3]The hearing listed on 3 May 2022 will now be a remedy hearing with a time estimate of 2 hours. The respondent may only participate in the hearing to the extent allowed by the Employment Judge conducting the hearing. _____________________________ Employment Judge M Butler Date: 27 April 2022 Case No: 2603065/2021 EMPLOYMENT TRIBUNALS Claimant: Nadeem Tayab Respondent: Oasis Care Group Ltd Heard at: Nottingham (in person) On: 3 May 2022 Before: Employment Judge Wilson sitting alone Representation: For the Claimant: In person For the Respondent: Did not attend[1]The Respondent made an unauthorised deduction from the Claimant’s wages and they are Ordered to pay to the Claimant the sum of £6810.82 gross.[2]The Claimant’s complaint of a failure to provide an itemised pay statement is also well founded. The Order made was explained orally to the Parties at the hearingREASONS
Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. ________________________ Employment Judge N Wilson Date: 3 May 2022 Case No: 2603065/2021 JUDGMENT SENT TO THE PARTIES ON ..................................................................................... ...................................................................................... THE TRIBUNAL OFFICE Case No: 2603065/2021 EMPLOYMENT TRIBUNALS Claimant: Nadeem Tayab Respondent: Oasis Care UK Group Ltd Heard at: Nottingham (in person) On: 3 May 2022 Before: Employment Judge Wilson sitting alone Representation: For the Claimant: In person For the Respondent: Not attended JUDGMENT[1]The Respondent made an unauthorised deduction from the Claimant’s wages and they are Ordered to pay to the Claimant the sum of £7898.82 gross.[2]The Claimant’s complaint of a failure to provide an itemised pay statement is well founded.[3]The Claimant’s complaint of a failure to provide him with a section 1 statement of terms and conditions of employment is not well founded and is dismissed.[4]The Claimant’s claim for unfair dismissal is dismissed as his claim was one of ordinary dismissal and the claimant does not have the necessary qualifying service of two years required pursuant to section 108 of the Employment Rights Act 1996 and the Tribunal does therefore not have jurisdiction to hear it.[5]The Claimant’s claim for making a protected disclosure is dismissed upon withdrawal by the Claimant.[6]The Claimant’s claim for discrimination is dismissed upon withdrawal by the Claimant. The Order made was explained orally to the Parties at the hearing