Miss H Wells v Secundo 2015 Ltd and others: 3304867/2020
JUDGMENT
Rule 21 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Response[1]The Respondents failed to present responses to the claim and judgment is entered in favour of the Claimant as follows. Failure to Give Statement of Employment Particulars – section 38 Employment Act 2002[2]The employer was in breach of the duty to give a statement of employment particulars. This claim succeeds. Pregnancy and Maternity Discrimination – section 18 Equality Act 2010[3]The Claimant was subjected to pregnancy and maternity discrimination. This claim succeeds. Automatically Unfair Constructive Dismissal - section 99 Employment Rights Act 1996[4]The Claimant was automatically unfairly constructively dismissed. This claim succeeds. Remedy Hearing[5]A 3 hour remedy hearing before an Employment Judge sitting alone will now be listed on a date to be fixed. The Respondents shall be entitled to notice of any Case Number: 3304867/2020 Page 2 of 2 hearings and decisions of the Tribunal but, unless and until an extension of time is granted, shall only be entitled to participate in any hearing to the extent permitted by the Judge. Public Access to Employment Tribunal Judgments[6]The parties are informed that all judgments and reasons for judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the Claimant and the Respondent. I confirm that this is my Judgment in the case of Miss H Wells v Secundo 2015 Ltd and 2 others case no. 3304867/2020 and that I have dated the Judgment and signed by electronic signature.REASONS
[5]Rule 21 reads as follows: Effect of non-presentation or rejection of response, or case not contested(1) Where on the expiry of the time limit in rule 16 no response has been presented, or any response received has been rejected and no application Case Number: 3304867/2020 Page 2 of 3 for a reconsideration is outstanding, or where the respondent has stated that no part of the claim is contested, paragraphs (2) and (3) shall apply.(2) An Employment Judge shall decide whether on the available material (which may include further information which the parties are required by the Judge to provide), a determination can properly be made of the claim, or part of it. To the extent that a determination can be made, the Judge shall issue a judgment accordingly. Otherwise, a hearing shall be fixed before a Judge alone. Where a Judge has directed that a preliminary issue requires to be determined at a hearing, a judgment may be issued by a Judge under this rule after that issue has been determined without a further hearing.(3) The Respondent shall be entitled to notice of any hearings and decisions of the Tribunal but, unless and until an extension of time is granted, shall only be entitled to participate in any hearing to the extent permitted by the Judge.[6]In this case there was sufficient available material in the ET1 claim form (copied to the Respondents) on which a determination could be made on the complaints of Failure to a Written Give Statement of Employment Particulars, Pregnancy and Maternity Discrimination and Automatically Unfair Constructive Dismissal. A judgment on liability was issued accordingly.[7]There was not sufficient available material to make a determination on remedy and a remedy hearing before an Employment Judge sitting alone was ordered. The remedy hearing has now been listed on 1 April 2021 with a time allocation of 3 hours. Public Access to Employment Tribunal Judgments[8]The parties are informed that all judgments and reasons for judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the Claimant and the Respondent. I confirm that these are the Reasons for my Judgment in the case of Miss H Wells v Secundo 2015 Ltd and 2 others case no. 3304867/2020 and that I have dated and signed by electronic signature. _____________________________ Employment Judge Vowles Date: 17 December 2020 Sent to the parties on: 13/01/2021 …………....................... T Henry-Yeo Case Number: 3304867/2020 Page 3 of 3 ....................................... For the Tribunals Office Case Number: 3304867/2020 (V) Page 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Respondents: Miss H Wells v Secundo 2015 Limited(1) Costcutter(2) Steven Rees(3) (no responses entered) Heard at: Reading (by CVP) On: 1 April 2021 Before: Employment Judge Anstis Appearances: For the Claimant: Mr S Woodman (solicitor) For the 1st & 3rd Respondent: For the 2nd Respondent: Mr S Rees No attendance or representation[1]The first and third respondents’ application for an adjournment is refused.[2]The first and third respondents (Secundo 2015 Limited and Steven Rees) must pay to the claimant £13,875.84 as compensation for pregnancy or maternity discrimination.[3]The first respondent (Secundo 2015 Limited) must pay to the claimant:a. £1,387.58 as an uplift on compensation under s207A of the Trade Union and Labour Relations (Consolidation) Act 1992, andb. £525.44 awarded under s38 of the Employment Act 2002.