Mr P Bonini v John Clark Motor Group: 4109679/2021

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4109679/2021
Mr P BoniniClaimantJohn Clark Motor GroupRespondent
Employment Judge Peter O'DonnellDate 1 July 2021

JUDGMENT

No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 21 :[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £1 120.00. This is the sum total of deductions from the claimant’s wages in the month of April 2021 .[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £1479.30 (30 days’ notice pay).[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1 100.00.

REASONS

[1]The Claimant had brought the same claims in two sets of proceedings, 4109679/2021 and 4109859/2021.[2]No ET3 was lodged for case 4109679/2021 due to the fact that the Respondent did not receive details for this particular set of proceedings. As 25 a result, a judgement was issued under Rule 21 in those proceedings. An application for reconsideration of this judgement was made on 14 July 2021.[3]An ET3 resisting case 4109859/2021 was lodged in those proceedings and it, therefore, cannot be said that the Respondent had failed to defend the claim at all. It is quite clear that the Respondent intends to defend the claims being 30 brought by the Claimant in these identical proceedings.[4]The Tribunal is satisfied that, if they had been aware of them, the Respondent would have responded to the proceedings under case 4109679/2021 given