Miss J Hegarty v Norton Industrial Fasteners Ltd: 3307556/2020
JUDGMENT
No response having been received to the claimant’s claim[1]The claimant has been the victim of unlawful discrimination on the grounds of disability and sex as alleged in the claim form as submitted to the tribunal on the 4th August 2020. A hearing to determine the remedy to which the claimant is entitled will be held at Cambridge County Court, 197 East Road, Cambridge, Cambridgeshire, CB1 1BA, on Thursday, 29th April 2021 at 10am or as soon thereafter on that day as the Tribunal can hear it. In order to assist the parties to prepare for the hearing I make the following case management orders:[1]The claimant will file and serve a schedule setting out the financial losses which she claims in this case together with a copy of all supporting documents by the 1st February 2021[2]The claimant will file and serve a statement setting out the facts she wishes to tell the tribunal about together with details of the acts of discrimination which are in the claim form on which she relies in support of her claim for injury to feelings, and copies of any other witnesses upon whose evidence she will rely I relation to the remedy she seeks. The claimant’s witness statement must include a statement of the amount of compensation or damages they are claiming, together with an explanation of how it has been calculated.[3]The claimant will file and serve copies of any medical evidence on which she relies in relation to her claim for injury to feelings by 15th March 2021REASONS
[1]This matter came before me today listed as an Open Preliminary Hearing to be conducted by Cloud Video Platform. The nature of the hearing was as follows:(i) To deal with the respondent’s application for a reconsideration of the Judgment of 15 December 2020;(ii) To deal with the respondent’s application for an extension of time to validate an ET3 presented on 22 March 2021; and(iii) If necessary deal with appropriate calculations on remedy or the making of further case management orders. Respondent’s application to reconsider the Judgment of 15 December 2020[2]The claimant presented a claim to the Watford Employment Tribunal in an ET1 filed on 4 August 2020. In it she indicated she was pursuing claims for unfair dismissal, wrongful dismissal, disability discrimination and sex discrimination. The ET1 was largely unparticularised. Case Number: 3307556/2020 2[3]No response was received from the respondent and accordingly EJ Ord entered a Judgment under rule 21 on the 15 December 2020. He indicated that there needed to be a remedy hearing, this was fixed for 29 April 2021. EJ Ord also made various orders to be complied with prior to the remedyhearing.
[4]The respondent makes an application today to set aside that Judgment. They do so on the basis that they did not at any stage and still have not received the original ET1 and the proceedings pursuant to the claimant’s application in August of 2020. They say the first they knew of these proceedings was when, on 4 January this year they received a copy of the Judgment of 15 December and pursuant to that they make this application and a further application to validate by way of extension of time an ET3 filed by them on 22 March 2021.[5]I heard from Kevin Smith a Director of the respondent and he explained to me that the only documents they had ever received was a copy of the Judgment on 4 January 2021. He said that the post code entered by the claimant in her ET1 being SG6 1LP was incorrect and that that might have accounted for their failure to receive the proceedings. He said the correct post code was SG6 1NR. He said ultimately however the Judgment was sent to the wrong post code but took nearly 3 weeks to finally arrive at the respondent in January of 2021. He said at no stage had they ever received the ET1 and this still remains to be the case.[6]Having heard from Mr Smith I have no reason to disbelieve that the respondent did not see these proceedings. Accordingly, they were unable to file an ET3 and that led to the Judgment under rule 21 being issued. I have read their ET3 and on the face of it, it would appear that they have an arguable defence in that there is clearly going to be a huge dispute on the evidence in this matter.[7]Accordingly in the interests of justice and taking into account the overriding objective I set aside the Judgment of 15 December 2020 and I extend time to validate the ET3 filed on 22 March 2021. _____________________________ Employment Judge KJ Palmer Date: 09 December 2021 Sent to the parties on: 6/1/2022 N Gotecha For the Tribunal Office Case Number: 3307556/2020 1 EMPLOYMENT TRIBUNALS Claimant Respondent Ms Jaqueline Hegarty v Norton Industrial Fasteners Limited Heard at: Cambridge On: 23, 24 January 2023, in person; 25 January 2023, by Cloud Video Platform Before: Employment Judge Tynan Members: Mrs A Carver and Ms K Omer Appearances For the Claimants: Ms Judy Hegarty, Claimant’s sister For the Respondent: Mr K Smith and Mr S Norton, Directorshearing.
hearing.
[1]The Claimant was unfairly dismissed by the Respondent.[2]The Claimant’s complaints that she was directly discriminated against because of the protected characteristic of disability and/or because of something arising in consequence of disability, are not well founded and are dismissed.[3]The Claimant’s complaint that she was harassed by reason of conduct related to sex, succeeds insofar as the late Mr Gary Norton of the Respondent, said to her on 1 May 2020 words to the effect that, “because you are a woman, you can get away with everything, you don’t even go into the shop and serve”. Accordingly, it is not necessary for the Tribunal to determine the Claimant’s separate complaint pursuant to s.13 of the Equality Act 2010, in respect of the same matter.[4]The Claimant’s complaints that she was harassed by reason of conduct related to sex, alternatively directly discriminated against, by being dismissed, are not well founded and are dismissed. Case Number: 3307556/2020 2[5]The Claimant’s complaint that she is owed holiday is not well founded and is dismissed.[6]The Respondent unreasonably failed to provide the Claimant with a written statement of the reasons for her dismissal under s.92 of the Employment Rights Act 1996. 30 January 2023 _____________________________ Employment Judge Tynan Sent to the parties on: 3/3/2023 NG For the Tribunal Office Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 3307556/2020 1 EMPLOYMENT TRIBUNALS Claimant Respondent Ms Jaqueline Hegarty v Norton Industrial Fasteners Limited Heard at: Cambridge On: 23, 24 January 2023, in person; 25 January 2023, by Cloud Video Platform Before: Employment Judge Tynan Members: Mrs A Carver and Ms K Omer Appearances For the Claimant: Ms Judy Hegarty, Claimant’s sister For the Respondent: Mr K Smith and Mr S Norton, Directors[1]A basic award in respect of her unfair dismissal of £1,687.50;[2]A compensatory award in respect of her unfair dismissal of £2,003.32;[3]Compensation of £1,250 for injured feelings in respect of the Respondent’s unlawful harassment of her on 1 May 2020;[4]Interest of £274.25 on the compensation for injury to feelings (1,001 days @ 8% per annum);[5]£450 in respect of the Respondent’s unreasonable failure to provide the Claimant with written reasons for her dismissal. Case Number: 3307556/2020 2 The total award of compensation is £5,665.07.