Ms R BegumClaimantBarts Health NHS TrustRespondent
Before
Employment Judge P KlimovDate 18 March 2024
JUDGMENT
[1]The Respondent has failed to present a response on the expiry of the time limit in Rule 16 in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the ET Rules”).[2]The Respondent’s application for an extension of time under Rule 20 of the ET Rules has been refused by the Tribunal’s decision at the preliminary hearing on 18 March 2024.[3]Having considered the claim form, Employment Judge Klimov has decided that a determination of liability issues in the claimant’s complaint of unfair dismissal (ss. 94, 95(1)(c) and 98 of the Employment Rights Act 1996) can properly be made without a hearing.[4]The Judgment of the Tribunal, made under Rule 21 of the ET Rules, is that:4.1 The Claimant’s complaint of unfair (constructive) dismissal is well-founded.4.2 The Respondent must pay the Claimant compensation for unfair dismissal to be determined at a remedy hearing, being part of the final hearing of the consolidated claims on 22, 23, 24, 28, 29 and 30 October 2025, if not agreed. Case Number: 3202462/20234.3 The remaining complaints in the claim shall be decided at the final hearing.4.4 The Respondent shall be entitled to participate in the hearing to the extent allowed by the Tribunal.[5]The Respondent’s application for a reconsideration of this Judgment made at the preliminary hearing on 18 March 2024 is refused. There is no reasonable prospect of the Judgment being varied or revoked.