Ms A Eyers v Mr H Thompson T/a Thompson & Co: 3315853/2021
JUDGMENT
[1]The claimant’s application for a default judgment is dismissed.[2]The respondent’s application for an extension of time for its response is granted and the ET3 form and Grounds of Resistance filed on the 27 January 2022 accepted as its response to this claim.[3]The full merits hearing on 27 – 29 March 2023 remains as listed.REASONS
[1]This claim was listed for three days, commencing on 27 March 2023.[2]On the morning of 27 March 2023, prior to the commencement of the hearing, the Respondent's representative sent a letter to the Tribunal stating that: "…the Respondent concedes unfair constructive dismissal and holiday pay but reserves position on remedy in regard to mitigation of loss and ask that the Tribunal issue a judgment on liability only and that the hearing be converted to a remedy hearing."[3]On commencing the hearing, it was confirmed that the Claimant's claims of unfair constructive dismissal and holiday pay were not contested and time was requested to enable the parties to attempt to resolve the amount of compensation payable to the Claimant. A significant amount of time was afforded to the parties throughout the day to enable them to seek a resolution.[4]Eventually, in the afternoon of 27 March 2023, the Tribunal was informed that settlement had been reached and a draft Consent Order was submitted. The draft Consent Order confirmed that the claims of unfair constructive dismissal and holiday pay were conceded, and included particulars of the amounts to be paid in respect of each head of claim as set out above.[5]A revision to the wording of the Consent Order was proposed and read out to the representatives. Both representatives accepted the revised wording without further submission or comment. It was on this basis that the judgment was made and subsequently promulgated. Employment Judge Havard Dated: 4 July 2023