Mr B Duran v United Car Parts Ltd: 3333021/2018
JUDGMENT
Rule 21 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Response[1]The Respondent failed to present a response to the claim and judgment is entered in favour of the Claimant as follows. Awards[2]The Claimant is owed a redundancy payment and is awarded £2,260.91.[3]The Claimant is owed wages and is awarded £442.39.[4]The Claimant is owed notice pay and is awarded £1,507.27.[5]The total award is £4,210.57 and the Respondent is ordered to pay this sum to the Claimant. Hearing[6]The hearing listed on 28 May 2019 is cancelled. ______________________ Employment Judge Vowles 9 January 2019 Sent to the parties on ………28 January 2019.. ……………….……………...…….. for the Tribunal Office Case Number: 3333021/2018 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Mr B Duran and United Car Parts Limited[1]Employment Judge Vowles has considered the Tribunal’s letter dated 7 March 2019 and the Respondent’s reply dated 13 March 2019. The Claimant has not responded to this correspondence.[2]In view of the contents of the statement of Mr Patel and the attached Royal Mail receipt dated 24 October 2018, Employment Judge Vowles has concluded that the reason the ET3 response form was not received by the Tribunal was because it was lost in the post. If posted on 24 October 2018 it would have been received by the Tribunal in the ordinary course of post before the due date of 30 October 2018.[3]The copy of the ET3 response form presented on 7 February 2019 has therefore been accepted.[4]The Rule 21 judgment dated 28 January 2019 is revoked.[5]The case will now be listed for a 1 day full merits hearing before an Employment Judge.[6]Case Management Orders for the hearing have been made separately. ______________________ Employment Judge Vowles 24.04.2019 Sent to the parties on …………14.05.19……………….. ……………….……………...…….. for the Tribunal Office Case No 3333021/2018 Page 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr B Duran Respondent: Smart GL Ltd Heard at: Reading On: 2 March 2020 Before: Employment Judge Milner-Moore Representation Claimant: In person Respondent: Mr A KaraREASONS
[1]Mr Karais is a director of Smart GL Ltd. He attended to represent United Car Parts Ltd (the original respondent in these proceedings) and produced a letter authorising him to do so. He confirmed that an agreement had been reached for the settlement of these proceedings between Smart GL Ltd and the claimant.[2]He provided the following explanation of the history relating to the claimant’s employment, which the claimant endorsed. The claimant was an employee of Autoparts Basingstoke Ltd. Autoparts Basingstoke Ltd operated as a franchise of United Car Parts Ltd. Smart GL Ltd purchased Autoparts Basingstoke Ltd in 2016 but the business continued to operate as a separate entity. In 2019, Smart GL dissolved Autoparts Basingstoke Ltd and took over its clients and assets. Mr Kara considers that any liability in relation to the claimant passed to Smart GL Ltd at that time under TUPE. Case No 3333021/2018 Page 2 of 2 For that reason, both parties are in agreement that the terms of the agreement that they have reached should be recorded in a judgment to be made by consent against Smart GL Ltd. The judgment recorded above sets out the agreement reached by the parties as they had explained it to me. The claimant specifically confirmed that he was content with the sum agreed.