Case No 4112732/2018Venue GlasgowHearing 31 January 2019
Between
Ms Christine OrrClaimantPoundworldRespondent
Before
Employment Judge Lucy WisemanDate 1 February 2019
JUDGMENT
The judgment of the Employment Tribunal is that the claimant`s complaint of unfair dismissal succeeds. The remedy to which the claimant is entitled will be determined at a hearing.
REASONS
[1]A copy of the claim form setting out the claimant`s complaint(s) was sent to the respondent on 26 July 2018.[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 twenty eight days of the date on which a copy of the claim was sent to it but failed to do so.[3]The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claim but not in respect of the remedy.[4]The remedy to which the claimant is entitled for the claim will be determined by an Employment Judge at a hearing. Employment Judge: Lucy Wiseman Date of Judgement: 04 September 2018 Entered in register: 05 September 2018 And copied to parties EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4112732/2018 Ms Christine Orr Claimant Poundworld Respondents[1]A copy of the claim form setting out the claimant`s complaint(s) was sent to the respondent on 26 July 2018.[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 twenty eight days of the date on which a copy of the claim was sent to it but failed to do so.[3]The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claim but not in respect of the remedy.[4]The remedy to which the claimant is entitled for the claim will be determined by an Employment Judge at a hearing. Employment Judge: Susan Walker Date of Judgement: 20 November 2018 Entered in register: 22 November 2018 And copied to parties E.T. Z4 (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4112732/2018 5 Held in Glasgow on 31 January 2019 Employment Judge: Robert Gall 10 Miss C Orr Claimant In Person Poundworld Limited Respondent 15 No appearance[1]This case called at Glasgow on 31 January 2019. The claimant appeared in person. She gave evidence. There was no appearance by or on behalf of 25 the respondents. No Form ET3 has been lodged by the respondents disputing the claim.[2]The first point which was confirmed is that the respondents are a limited company. The claim is therefore amended to be brought against Poundworld 30 Limited.[3]Judgment in relation to liability confirming that this was an unfair dismissal was issued in terms of Rule 21. That Judgment was dated 20 November 2018 and sent to parties on 22 November 2018.[4]The claimant was employed between 6 April 2016 and 1 June 2018. She was 28 at date of termination of her employment having been born on 31 July 1989. Her weekly wage was £249 gross, £202 net. In terms of the[5]Employment Rights Act 1996, having been unfairly dismissed, the claimant is entitled to a basic award of two weeks pay. That amounts to £498. 5. The claimant is also entitled to a compensatory award after her employment with the respondents finished. She made efforts to find alternative 10 employment. She did not obtain government benefit. Five weeks after her dismissal, she obtained employment with a new employer at the same rate of pay as she received from the respondents. She therefore suffered five weeks loss at the net pay rate of £202. 15 6. The respondents are therefore ordered to pay to her by way of the compensatory award the sum of £1,010. 20