Mr J Freeman v FIRMA Foreign Exchange Corporation (UK) Ltd and UKFOREX Ltd: 3202443/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London East Employment Tribunals on 13 December 2023. 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 Respondent has made unauthorised deductions from the Claimant’s wages.[4]The Claimant was automatically unfairly dismissed.[5]The Claimant was dismissed by reason of redundancy and is entitled to a redundancy payment. 5. The Respondent has failed to comply with the statutory requirements to elect and/or consult with employee representatives.[7]The claim succeeds and the remedy to which the Claimant is entitled will be determined at a Remedy Hearing. Employment Judge Jones Date: 21 February 2024 Case No:3202443/2023 EMPLOYMENT TRIBUNALS Claimant: Mr J Freeman Respondent:(1) Firma Foreign Exchange Corporation (UK) Ltd(2) UKFOREX Limited Heard at: East London Hearing Centre On: 1 May 2024 Before: Employment Judge Jones Written Representations from all partiesREASONS
This was the Respondents written application for reconsideration of the judgment dated 21 February 2024, which was promulgated on 4 March 2024. The history of this matter is as follows: Case No:3202443/2023 The Claimant submitted two complaints in this Employment Tribunal. This complaint, case number 3202443/2023 was issued on 13 December 2023. It was sent to the Respondents at the correct address on 24 January with the response forms. The Respondents were ordered to submit their response by 21 February 2024. On 12 February, the Respondents applied for an extension of time in which to submit its response to this and other claims made by the Claimant. The Tribunal refused the application for an extension of time and a default judgment was issued. The Tribunal failed to provide the judge with a copy of the Response form submitted by the Respondent on the last day for doing so, 21 February 2024. The basis of the default judgment issued on 21 February and sent to the parties on 4 March, was that the Respondent had failed to submit its response in time. As the Respondent had in fact submitted the Response in time, the default judgment can be revoked. Although the Claimant opposed the Respondents’ application for a reconsideration of the default judgment, he did not specifically refer to this judgment and gave no reasons why it should not be revoked. Reconsideration The Respondents’ application for reconsideration was considered today on a referral to EJ Jones. The Respondents’ complied with Rule 16 of the Employment Tribunals Rules of Procedure 2013 because their responses and ET3 forms were presented to the tribunal office within 28 days of the date that the copy of the claim form was sent to the tribunal. The Respondents complied with the Tribunal Rules. The Responses to this claim are accepted and this is now a defended matter.