Employment Judge SmailIn person for claimantNo appearance for respondentDate 22 December 2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 Pursuant to Rule 21 on the Respondent having failed to enter a response, the claim succeeds. The issue of Remedy will be determined at a hearing notice of which will be sent to the parties. Case Number:3310825/2019 EMPLOYMENT TRIBUNALS Claimant Respondent Mr H Bradley v Vclean Life Ltd (In administration) Heard at: Watford On: 20 November 2019 Before: Employment Judge Smail Appearances For the Claimant: In person For the Respondent: No appearance PRELIMINARY HEARING JUDGMENT[1]Further proceedings are stayed pending consent from the administrator. The proceedings will be dismissed on 1 June 2020 unless the stay is lifted before then.[2]The Judge observes that on the face of it the claimant appears to be owed 6 weeks salary, 10 days holiday pay and 1 weeks’ notice pay. Whilst he has a judgment for unfair dismissal, he has not completed a full year’s employment, and so his claim for a basic award seems misconceived. He should approach the Insolvency Service.
REASONS
[1]The respondent company is in administration. Neither the consent of the Administrator nor the permission of the court has been obtained for these proceedings to be instituted or continued as required by the Insolvency Act 1986.[2]On 20th November 2019 EJ Smail issued a Preliminary Hearing judgment stating that the proceedings will be dismissed on 1st June 2020 unless the stay is lifted before then. If the claimant wants this strike out order to be reinstated, then he should give reasons to the Tribunal in writing, within 14 days of the date of this judgment. He should say whether an application has been made to the Administrator or the court and, if not, why not. If such an application has been made, he should say when and what the result was.[3]The claim is therefore struck out. 22/12/2020