Mr J Bates v Stuart Bisset: 4121217/2018
JUDGMENT
The judgment of the Employment Tribunal is that the claimant`s complaint of arrears of pay 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 complaints was sent to the respondent on 11 October 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 him 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: S MacLean Date of Judgment: 20 November 2018 Entered in register and copied to parties: 20 November 2018 E.T. Z4 (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4121217/2018 Held in Edinburgh on 21 December 2018 Employment Judge: Mel Sangster Mr J. Bates Claimant Stuart Bisset Respondent[1]The claimant submitted a claim to the Tribunal on 9 October 2018. Since that date there has been no contact from the claimant to the Employment Tribunal.[2]The respondent did not submit an ET3, so Judgment was issued under Rule 30 21 of the Employment Tribunal Rules of Procedure 2013, confirming that the claimant’s complaint of arrears of pay succeeds and the remedy to which the claimant was entitled as a result would be determined at a hearing.[3]A remedy hearing was scheduled to take place on 21 December 2018, at 2pm. The claimant was informed of the fact that a hearing was due to take place, on this date and at this time, on the following occasions:a. By letter dated 11 October 2018, at which 5 point the hearing was scheduled to be a final hearing;b. By letter dated 20 November 2018, when the Judgment on liability was sent to him and he was informed that the hearing scheduled for 21 December 2018 would now deal with remedy only; and 10c. By Notice of Hearing, sent by post, dated 22 November 2018.[4]Additional correspondence was sent to the claimant, to the email address stated on his claim form, on 19 November 2018. That correspondence referred to his claim and requested the provision of certain information and 15 documentation by 14 December 2018. No information or documentation was provided by the claimant, in response to this request.[5]The claimant did not attend the Tribunal on 21 December 2018 at 2pm and could not be contacted by the Employment Tribunal clerk on the telephone 20 number provided on the claim form.[6]In considering the information available to the Tribunal, as outlined above, 30 and after having sought to make enquiries by telephone about the reasons for the claimant’s absence, the Tribunal decided to dismiss the claim, in accordance with Rule 46 of the Employment Tribunals Rules of Procedure 2013.