Miss S Docherty v 8Labs Ltd: 4110537/2021
JUDGMENT
The response is 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 response has not being actively pursued in terms of rule 37(1 )(d).REASONS
1 . The Tribunal has received no recent communication from the respondent in this case. An e-mail dated 20 September 2021 was sent to the respondent advising that the response form submitted did not set out any arguable defence to the claims of wages and notice pay. The respondent was asked to set out in writing by 27 th September 2021 the basis on which they defend the claims. No reply has been received. A reminder e-mail was sent to the respondent on 8 October 2021 requesting a reply by 15th October 2021 . No reply has been received. 2[3]On 20 October 2021 the Tribunal gave the respondent an opportunity to give written reasons or to request a hearing in order to consider why the response should not be struck out, a reply was required by 27th October 2021 .[5]The respondent has failed to respond or give reasons why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the response. Employment Judge: L Doherty Date of Judgment: 2 November 2021 Entered in register: 2 November 2021 and copied to parties EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110537/2021 Miss S Docherty 8Labs Ltd Claimant Respondent[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £1066.00 (for the period 6/4/21 to 1 8/5/21 , included in this period are 2 additional days worked namely 14 & 1 7/5/21 )[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1 31 .20 (2 days)[3]The complaint of breach of contract in respect of notice pay having been withdrawn by the claimant, is dismissed under Rule 52 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.