Mr J McCrudden v Mr D Chowdhury: 4107959/2020
JUDGMENT
The judgment of the Employment Tribunal is that the following claims are dismissed in terms of Rule 52 of the 2013 Employment Tribunal Rules of Procedure;[1]the claimant’s claims which were said to arise from the International Covenant 25 on Economic, Social and Cultural Rights; and[2]the claimant’s claims which were said to arise from the Modern Slavery Act 2015; and[3]the claimant’s claims which were said to arise from the Animal Health and Welfare (Scotland) Act 2006; and[4]the claimant’s claims which were said to arise from the Health and Safety at Work Act 1974; and[5]the claimant’s claims on ground of having made protected disclosures (commonly described as whistleblowing) in terms of s47 of the Employment Rights Act 1996; and[6]Ordinary Unfair Dismissal in terms of s94 of Employment Rights Act 1996.REASONS
The claimant withdrew these claims at this hearing. Employment Judge: Rory McPherson Date of Judgment: 03 March 2021[10]Date sent to parties: 08 March 2021 EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107959/2020 (P) Mr. J. McCrudden Claimant Mr. D. Chowdury Respondent (No ET3 lodged)[1]A copy of the claim form setting out the claimant`s complaints was sent to the respondent on 5 January 2021.[2]In accordance with the terms of Rule 16 of the Rules to be found in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 the respondent was required to enter a response within 28 days of the date on which a copy of the claim was sent to him but failed to do so.[3]Certain of the claims in the ET1 were dismissed in a judgment dated 3 March 2021 leaving the claim of unlawful deduction of wages as the sole claim requiring to be determined. The Employment Judge has now decided that on the available material a determination can properly be made without a hearing as to the liability of the respondent for the said claim.[4]On the basis of the available material the Employment Judge decided he could properly determine remedy as follows:- (a) In respect of the claimant`s complaint of unlawful deduction of wages the respondent shall pay to the claimant the sum of £598.50 reflecting 66.5 hours of work carried out in the period 3 November to 15 November 2020.