Ms S Dimmock v Newsquest Media Group Ltd and Newsquest (Herald & Times) Ltd: 4102865/2022 and 4102586/2022
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4102865/2022, 4102586/2022, 4102635/2022Venue chambers in GlasgowHearing 15 June 2022
Between
Ms Susan DimmockClaimantNewsquest Media Group Ltd and Newsquest (Herald & Times) LtdRespondent
Before
Employment Judge Ian McPhersonMr P Deans (instructed by Solicitor) for claimantNewsquest Media Group Limited Respondents for claimantNo ET3 response for claimantDate 11 July 2022
JUDGMENT
The judgment of the Employment Tribunal is that the claimant`s complaint of 25 equal pay, pursuant to Sections 65, 66 and 69 of the Equality Act 2010, succeeds, and the remedy to which the claimant is entitled will be determined at a hearing.
REASONS
[1]By ET1 claim form presented on 5 May 2022, following ACAS early conciliation between 14 and 25 April 2022, the claimant brings an equal pay complaint against the respondents, and she claims equality of terms with her comparator, a male senior features writer.[2]In the event of success with her claim, the claimant seeks an award of compensation to be made by the Tribunal against the respondents, and she claims the benefit of amended and / or modified terms of employment as to pay / benefits for the 5-year period prior to the 5 presentation of the claim.[3]A copy of the claim form setting out the claimant`s complaint was sent to the respondents by the Tribunal on 17 May 2022. Parties were advised that the case was listed for a one-hour telephone conference 10 call Case Management Preliminary Hearing to be held on 12 July 2022 at 14:00.[4]In accordance with the terms of Rule 16 of the Rules to be found in Schedule 1 of the Employment Tribunals (Constitution and Rules 15 of Procedure) Regulations 2013 the respondents were required to enter a response within twenty eight days of the date on which a copy of the claim was sent to them by post, but they failed to do so, by the due date of 14 June 2022, or at all. 20 5. The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondents for the complaint of equal pay.[6]The remedy to which the claimant is entitled for that successful 25 complaint of will be determined by an Employment Judge at a hearing.[7]The Judge orders that the telephone conference call Case Management Preliminary Hearing listed to be held on 12 July 2022 is now cancelled.[8]Notice of Remedy Hearing by CVP (time estimate 1 day) will be issued under separate cover. The respondents will be entitled to participate in that Remedy Hearing only to the extent permitted by an Employment Judge.[9]The respondents will be sent a copy of any judgments, orders, or 5 notices of hearing. If they now seek to defend the claim, then they should make application to the Tribunal for an extension of time to do so, as per Rule 20 of the Employment Tribunal Rules of Procedure 2013. 10 10. Meantime, within 14 days of issue of this Judgment to both parties, the claimant’s solicitor shall submit to the Tribunal, with copy to the respondents, a detailed schedule of loss for the claimant, showing the amount of compensation sought from the respondents, and explaining how that sum has been calculated. Employment Judge: Ian McPherson Date of Judgment: 15 June 2022 Entered in register: 17 June 2022 20 and copied to parties EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102865/2022 and 4102586/2022 Ms Susan Dimmock Claimant Newsquest Media Group Ltd First Respondent Newsquest (Herald & Times) Ltd Second Respondent