Mr M Dabrell v K George: 3307367/2020

EMPLOYMENT TRIBUNALS
Case No 3307367/2020
Mr M DabrellClaimantKevin GeorgeRespondent
Employment Judge Gumbiti-ZimutoDate 13 May 2021

JUDGMENT

The claim is struck out.

REASONS

[1]By a letter dated 27 March 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because the claimant had not complied with the Order of the Tribunal dated 26 February 2021 and because it has not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out. _____________________________ Employment Judge Gumbiti-Zimuto 4/5/2021[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £6997.30.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1467.80.[3]The claimant has not been dismissed and therefore is not entitled to notice pay. _____________________________ Employment Judge Gumbiti-Zimuto Date: 13 May 2021 Sent to the parties on: 16 June 2021 For the Tribunals Office Case No: 3307367/2020 EMPLOYMENT TRIBUNALS Claimant: Mr M Dabrell Respondent: Kevin George RECONSIDERATION[1]By a letter dated 27 March 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because the claimant had not complied with the Order of the Tribunal dated 26 February 2021 and because it has not been actively pursued.[2]On the 27 April 2021 I considered the file in this action and it appeared that the claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing, and I therefore struck out the claim.[3]On the 13 May 2021 the employment tribunal file was referred to me and it was pointed out that the claimant had on 15 March 2021 provided the information request by the employment tribunal in a letter dated 27 February 2021 and therefore the letter of the 27 March 2hould not have been sent. On receiving the letter of the 27 March the claimant had written to the employment tribunal on the 29 March providing a further copy of the letter of 15 March 2021.[4]It is clear that the judgment striking out the claim should never have been issued and therefore the judgment is revoked.