Miss R Vergnac v J Immaculate Care Ltd: 3303032/2020
EMPLOYMENT TRIBUNALS
Case No 3303032/2020
Between
Miss R VergnacClaimantJ Immaculate Care LimitedRespondent
Before
Employment Judge FinlayIn person for claimantNot represented for respondentDate 14 November 2020
JUDGMENT
[1]Employment Tribunals Rules of Procedure 2013 – Rule 21 The Respondent having failed to enter a response in time and having indicated that it does not resist the claim, the claim succeeds. ________________________ Employment Judge Finlay Date: 14 November 2020[2]JUDGMENT SENT TO THE PARTIES ON 16.11.20 ………………………………………………… AND ENTERED IN THE REGISTER J Moossavi ………………………………………………… FOR THE TRIBUNAL OFFICE Case No: 3303032/2020 4.17 Rule 21 judgment – universal template. September 2017 EMPLOYMENT TRIBUNALS Claimant: Miss R Vergnac Respondent: J Immaculate Care Limited[4]Employment Tribunals Rules of Procedure 2013 – Rule 21 The Respondent having failed to enter a response in time and having indicated that it does not resist the claim, the claim succeeds. ________________________ Employment Judge Finlay Date: 14 November 2020[5]JUDGMENT SENT TO THE PARTIES ON 16.11.20 ………………………………………………… AND ENTERED IN THE REGISTER J Moossavi ………………………………………………… FOR THE TRIBUNAL OFFICE Case No: 3303032/2020 4.17 Rule 21 judgment – universal template. September 2017 EMPLOYMENT TRIBUNALS Claimant: Miss R Vergnac Respondent: J Immaculate Care Limited[7]Employment Tribunals Rules of Procedure 2013 – Rule 21 The Respondent having failed to enter a response in time and having indicated that it does not resist the claim, the claim succeeds. ________________________ Employment Judge Finlay Date: 14 November 2020[8]JUDGMENT SENT TO THE PARTIES ON 16.11.20 …………………………………………………
REASONS
[3]The claimant received her final payment from the respondent in early September 2019. She was unable to state the exact date.[4]The claimant should have notified Acas of her claim before the end of 2019. Whilst the exact date is uncertain in any event the claim was not commenced until March 2020. The claimant explained that she tried to reach agreement with her former employer but was unsuccessful. She did not seek advice from the Citizens Advice Bureau until March 2020. Case Number: 3303032/2020 2[5]The respondent did not attend today's hearing. Attempts were made to contact the respondent using the telephone number set out on form ET3. The call went directly to voicemail and the clerk left a message for the respondent to contact the court immediately. The respondent did not respond.[6]Bearing in mind the manner in which the respondent has conducted these proceedings; namely by stating on form ET3 the claim was not defended. I concluded the respondent does not intend to join the hearing and this matter proceeded in the respondent’s absence.[7]This claim was filed with the Employment Tribunal on 9 March 2020; 6 months and 9 days after the effective date of termination.[8]The claim is for holiday pay accrued between 28 April and 30 August 2019 (4 months and 3 days employment).[9]Acas was notified on 7 March 2020 and issued a certificate on 9 March 2020.[10]The claim was filed with the Employment Tribunal on 9 March 2020.[11]On 9 October 2020 the Respondent filed a response in which it stated the claim was not defended (section 6, page 4 ET3).
The law
[12]Section 23(2)a Employment Rights Act 1996 “23(2) subject to subsection (4), an [employment tribunal] shall not consider a complaint under this section unless it is presented before the end of the period of three months beginning with-(a) in the case of a complaint relating to a deduction by the employer, the date of payment of the wages from which the deduction was made, or(b) N/A. 23(3) N/A 23(4) Where the [employment tribunal] is satisfied that it was not reasonably practicable for a complaint under this section to be presented before the end of the relevant period of three months, the tribunal may consider the complaint if it is presented within such further. As the tribunal considers reasonable.”[13]S18A Employment Tribunals Act 1996 “18A (1) before a person (“the prospective claimant”) presents an application to institute relevant proceedings relating to any matter, the prospective claimant must provide to ACAS prescribed information, in the prescribed manner, about that matter.”
Conclusion
[14]In accordance with Rule 73 I reconsider a decision of tribunal namely judgment entered in accordance with Rule 21 on 14 November 2020. Case Number: 3303032/2020 3[15]I have heard from the claimant as to the reasons for her delay in commencing her claim notifying Acas of her claim in accordance with S18A ETA (below) and S23 ERA (below). I consider I have sufficient information to make a decision without further hearing from the respondent.[16]I am satisfied there are insufficient grounds on which the time limits for bringing a claim could be extended and the tribunal does not have jurisdiction to hear it.