Miss K A Kelly v Nestor Primecare Services Ltd T/a Allied Healthcare (In Administration): 4103581/2018
JUDGMENT
The responses of the first respondent are struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds that the responses have not been actively pursued in terms of rule 37(1 )(d). E.T. Z4 (WR) 4103581/2018 & 4108787/2018 Page 2REASONS
[1]The first respondent is in administration, having previously been under a Company Voluntary Agreement (“CVA").[2]Neither the joint administrators nor the joint supervisors of the CVA wished to participate in the proceedings.[3]In these circumstances, the responses set out in the first respondent’s ET3s in respect of 4103581/2018 and 4108787/2018 were not being actively pursued and accordingly a strike out of said responses was appropriate. Employment Judge: Sandy Meiklejohn Date of Judgment: 15 October 2019 Entered in register: 18 October 2019 and copied to parties 16A (Scot) Rule 21 judgment template (simple) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103581/2018 Employment Judge: J Hendry Miss K A Kelly Claimant Represented by: Mr S Smith – Solicitor Nestor Primecare Services Limited Respondent T/a Allied Healthcare (In Administration) Not Present and Not Represented[1]The claimant’s applications for a finding of unfair dismissal and having sustained detriment following the making of protected disclosures succeed.[2]The Tribunal finds the claimant entitled to the following sums and orders the respondent company to pay the claimant the sum of Seven Thousand Three Hundred and Eight One Pounds and Sixteen pence (£7381.16), (made up of a 16A (Scot) Rule 21 judgment template (simple) basic award of £1748 based on the claimant’s age and service (12 x 1 x £145.68) past wage loss of £5133 and loss of statutory rights amounting to £500).[3]The Tribunal finds that in respect of the various detriments suffered the claimant she is cumulatively entitled to an award of Twenty-Two Thousand Pounds (£22,000) to reflect the injury to her feelings and orders the respondent company to pay the claimant the sum of £22,000 in that regard.