Mr T Kisielis v KJ & J Laidlaw Ltd T/a Exhibit Group and Exhibit Hire Ltd: 3334895/2018
JUDGMENT
[1]The claimant’s claim for unfair dismissal is well founded.[2]The claimant was dismissed in breach of contract and his claim for notice pay is well founded.[3]The claimant’s claim for accrued holiday entitlement not taken at the time of dismissal is well founded.REASONS
[1]By a letter dated 13 May 2021 the Tribunal gave the first respondent an opportunity to make representations or to request a hearing, as to why the first respondent’s response, should not be struck out because the manner in which the proceedings have been conducted by or on behalf of the respondent has been scandalous, unreasonable or vexatious; the respondent has not complied with the Order of the Tribunal dated 26 January it has not actively pursued its defence to this claim.[2]The respondent has failed to make representations in writing, why this should not be done or to request a hearing. The first respondent’s response is therefore struck out.[1]Upon neither party complying with the orders made on 12 October 2022.[2]And upon Employment Judge Alliott considering that a hearing is not necessary in the interests of justice, Employment Judge Alliott considers that it is in the interests of justice to reconsider the judgment dated 1 September 2021 to delete the Second Respondent. For the avoidance of doubt the judgment is against the First Respondent only.[3]The claimant is to inform the First and Second Respondents and the Tribunal in writing if he wants to continue with this claim and, if so, to apply for a hearing date by 4pm, Friday 3 February 2023. If he does not want to continue with the claim he should inform the First and Second Respondent and the Tribunal by the same date that he withdraws his claim .