Mr D Hamill v N-Sea Offshore Ltd (In Administration): 4110314/2021

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4110314/2021

Between

Mr D HamillClaimant

N-Sea Offshore Ltd (In Administration)Respondent

Before

Employment Judge Mark Whitcombe

Date 5 April 2023

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 balance in the gross sum of £5,628.15.

[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 net sum of £7,968.65.

[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the balance in the gross sum of £3,958.50.

[4]The claimant’s claim for a redundancy payment is dismissed on the grounds that the Secretary of State has paid the claimant the statutory entitlement in full applying the maximum amount of a week’s wages as defined by Section 227(1 ) of the Employment Rights Act 1996.

[5]The claimant’s claim for a protective award remains sisted as per the Tribunal’s letter dated 29 April 2022. Employment Judge: Mark Whitcombe Date of Judgment: 03 August 2022 Entered in register: 08 August 2022 and copied to parties EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110314/2021 Employment Judge M Whitcombe Mr D Hamill Claimant N-Sea Offshore Limited (In Administration) Respondent

REASONS

[1]On 22 November 2022 the claimant wrote to the Tribunal providing a short update as to steps taken to ask the administrator for consent to proceed with the remaining head of claim, namely a claim for a protective award, or any application to the court for such permission.

[2]As no further correspondence had been received, the Tribunal wrote to the claimant on 17 February 2023 seeking a further update. No reply was received from the claimant.

[3]On 16 March 2023 the Tribunal gave the claimant an opportunity to give written reasons by 30 March 2023 or to request a hearing in order to consider why the claim should not be struck out. No reply was received from the claimant.

[4]The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim.