K K Bhdaal v Property Provider Ltd: 6002425/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim was issued in the Leeds Employment Tribunals on 20 November 2023. The respondent has failed to present a valid response on time or at all. The Employment Judge has decided that a determination can properly be made of the part of the claim in accordance with rule 21 of the Rules of Procedure.[1]The claim of unfair dismissal succeeds and is upheld. NOTES[2]This judgment deals with liability only. The remedy to which the claimant is entitled will be determined at a remedy hearing. A notice of hearing will be sent separately.[3]It is unclear what legal complaint is being pursued in respect of holiday pay, for example was it for outstanding holiday which was untaken at the end of her employment under rule regulation 14 of the Working Time Regulations 1998, refusal to permit the claimant to take her leave entitlement under regulations 30, 13 and 13A, or some other complaint.[4]The respondent will only be entitled to take part in this hearing to the extent permitted by the Employment Judge who hears the case. Employment Judge D N Jones Date: 24 July 2024 Case No: 6002425/2023 10.2 Judgment - rule 61 February 2018 EMPLOYMENT TRIBUNALS Claimant: Kiran Kaur Bhdaal Respondent: Property Provider Ltd Heard at: Leeds (by video) On: 24 September 2024 Before: Employment Judge T Knowles Appearances For the claimant: In person For the respondent: No appearance[1]The Respondent shall pay to the Claimant compensation for unfair dismissal in the total sum of £27,789.48 which is comprised of:a. A basic award of £1,029.24, andb. A compensatory award of £26,760.24. The recoupment regulations do not apply.[3]The complaint that between 14 April 2021 and 23 July 2023 the respondent refused to permit the claimant to exercise the right to paid annual leave under the Working Time Regulations 1998 is well-founded. The respondent shall pay the claimant £6,111.11 (gross). The Claimant shall be responsible for the payment of tax and/or national insurance from this sum. This is comprised of:a. £4,888.89 compensation the Tribunal considers just and equitable in all the circumstances under regulation 30(4) andb. £1,222,22 uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.