Mrs S Walden v Mr G E Nosworthy T/a Cree Godfrey & Wood: 3311613/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 - Rule 21[1]The claim was issued in the Watford Employment Tribunals on 14 June 2021. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, in accordance with rule 21 of the Rules of Procedure.[2]The claimant was dismissed in breach of contract in respect of notice (the claimant’s entitlement being to 12 weeks’ notice) and the respondent must pay damages to the claimant (the claimant’s weekly pay being £500.16 gross) of £6,001.92 gross, i.e. subject to the deduction of income tax and national insurance contributions.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of 20 x 1.5 x £500.16, i.e. £15,004.80.[4]The respondent has failed to pay the claimant’s holiday entitlement of 22 days’ holiday and must pay the claimant 22 x £100.03, i.e. £2,200.66 gross.[6]The respondent must pay the claimant £23,207.38 in total gross. ________________________________________ Employment Judge Hyams Date: 31 January 2022REASONS
The judgment of 31 January 2022 was given after the claim had been withdrawn in writing by means of an email sent by the claimant’s solicitors to the tribunal on 10 January 2022. As a result of an administrative error, that email was not put in the file, so the judgment was given without knowledge of the withdrawal. The claim having been withdrawn, no judgment other than a dismissal of the claim on its withdrawal could properly have been given.