Mr T J Pointon v Evri Ltd: 6021347/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2024– Rule 22[1]The claim of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]The claim succeeds and the remedy to which the claimant is entitled will be determined at a remedy hearing.[3]The first day for which the case had been listed for hearing (17 November 2025) will remain listed for the remedy to be determined. The second day for which it had been listed (18 November 2025) has been cancelled. Employment Judge Phil Allen Date: 27 January 2025REASONS
[1]The claimant issued an employment tribunal claim for unfair dismissal against the respondent on 14 September 2024. That was registered under case number 6011720/2024. The respondent has responded to it. It is due to be heard on 3-4 July 2025.[2]The claimant also entered an employment tribunal claim for unfair dismissal against the respondent on 9 December 2024. The claim is materially the same, albeit that some of the boxes on the form referred to the claimant with a different first name. It is not clear why a second claim was entered, and no explanation has been provided for doing so. The second claim was registered under case number 6021347/24.[3]No response was submitted by the respondent to the second claim. As a result, a rule 22 Judgment was made on 27 January 2025 and sent to the parties on 3 February 2025. That was a liability Judgment. It was stated that remedy would be determined at a hearing on 17 November 2025. It is not clear why the respondent did not respond to the second claim or inform the Tribunal that it had responded to the first claim.[4]In circumstances where the respondent has responded to the first claim received and no valid reason has been provided by the claimant for the submission of the second claim, it is in the interests of justice for the Judgment entered under rule 22 in the second claim to be revoked. The issues in the claim should be heard and determined at a full hearing.[5]The two claims will be formally joined and will be heard together. They will be heard at the final hearing listed in the first claim on 3-4 July 2025. The remedy hearing listed in the second claim for 17 November 2025 is cancelled.