Mr R Coles v Stone of London Ltd (in liquidation) and Stone of London Contracts Ltd: 3335534/2018
JUDGMENT
[1]By consent, the claimant’s claims against R2 are dismissed on withdrawal upon terms which they have agreed.[2]R1 is debarred from defending the proceedings in accordance with rule 21(3), having failed to present a response. _____________________________ Employment Judge R Lewis Date: ……28.04.2020……………….. Sent to the parties on: ....................... ......01.05.2020.................................... For the Tribunal Office . Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 3335534/2018 EMPLOYMENT TRIBUNALS Claimant Respondent Mr R Coles AND Stone of London Ltd HEARD AT: Watford Tribunal Centre ON: 20 January 2021 BEFORE: Employment Judge Douse (Sitting alone) Representation: For Claimant: Mr M Legister, Solicitor For Respondent: Did not appear and was not represented REMEDY JUDGMENT The judgment of the Tribunal is that the Respondent is ordered to pay the Claimant £5080 in respect of his claims for unfair dismissal and notice pay.REASONS
[1]By way of a claim form presented on 21 December 2018, Mr Coles, the Claimant, brought a complaint of unfair dismissal against the Respondent, his former employer.[2]The Respondent did not respond to the claim. Case Number: 3335534/2018[3]On 28 April 2020 judgment in default was entered for the Claimant against the Respondent in his unfair dismissal claim. At that hearing the Claimant indicated that he would only be seeking judgment for a basic award, and for notice pay.[4]On 06 May 2020, by way of a signed witness statement in support of remedy, the Claimant confirmed that he was only seeking judgment for a basic award, and for notice pay.[5]This hearing was listed to determine remedy, and was heard by telephone. The Claimant and his representative, Mr Legister, attended. An attempt was made to add the Respondent's representative, Ms Glocker, to the call using the number provided but this was unsuccessful. I considered that as a judgment in default had been entered the Respondent's participation "shall only be entitled to participate in any hearing to the extent permitted by the Judge" (Rule 21(3) of Schedule 1 to The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013) so it was possible to continue with the hearing without making further enquiries with Ms Glocker.Findings of fact
[6]I accepted the Claimant’s evidence as follows:[7]The Claimant started employment with the Respondent on 01 October 2012. His Effective Date of Termination (EDT) was 28 September 2018. He therefore had 5 complete years’ service at the EDT.[8]The Claimant’s annual gross salary was £60,000. His monthly pay was £5,000 gross or £3,568 net and his weekly pay was £1,153.84 gross, or £844.15 net.[9]The Claimant’s date of birth was 29 May 1982. He was therefore aged between 22 and 41 years old throughout his employment.[10]The Claimant is entitled to a basic award for unfair dismissal, calculated: 5 x £508 (maximum week's pay allowable). Case Number: 3335534/2018[11]The Claimant is entitled to notice pay, calculated 5 x £508 (maximum week's pay allowable).[12]The Respondent shall pay the Claimant £5080 in respect of his claims for unfair dismissal and notice pay.