Miss I Faulkner v Bradshaw Support Ltd: 3318754/2019
JUDGMENT
[1]The respondent is to pay to the claimant the sum of £2,920.73. This is a gross amount and the respondent is to account to the claimant and HMRC for any deductions for income tax or national insurance.REASONS
[1]In her claim to the Tribunal the claimant, Miss Iman Faulkner, complains of arears of pay. In the particulars provided at paragraph 9.2 of the claim form she gave details of the pay for which she claims is outstanding in the sum of £2,920.73.[2]The claim form was served on the respondent at the address she provided. Notice was sent to the respondent from the tribunal office on 15 July 2019. That documentation was not returned as undelivered, nor was the notification notice of the hearing today.[3]The date for service of the ET3, the response, was 12 August 2019. No response was received and the matter came before Employment Judge Michell who directed that a letter be sent to the respondent in the following terms: Case Number: 3318754/2019 “No response having been presented, the respondent shall only be entitled to participate in any hearing to the extent permitted by the Employment Judge in accordance with Rule 21(3).”[4]He also directed the claimant as follows: “The claimant is to clarify if the only relief she is seeking is the sums set out at paragraph 9.2 of her ET1. If further/other relief is sought, she is to provide details by 2 December 2019.”[5]The letter ended as follows: “The hearing remains listed on 5 March 2020.”[6]This notification was sent to the respondent at the address shown, to which the claim form and notice of hearing had already been served, but was returned marked “Not known at this address”.[7]The claimant did not respond.[8]The case was called today for hearing in Tribunal at 12 mid-day. Neither party attended. In the circumstances therefore as no response had been presented the respondent is to pay those sums claimed by the claimant in her claim form, which sum is £2,920.73. This is a gross amount and the respondent is to account to the claimant and to HMRC for any income tax or national insurance payable.[9]The recoupment provisions do not apply.