IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL

 

 

IN THE MATTER:

 

 

BETWEEN

CAMBRIDGE JACKLIN

 

CLAIMANT

 

AND

 

 

ALFIE BUOY LIMITED

RESPONDENT

 

ARTICLE 12 JUDGMENT

 

 

Before:                                     Mr. M. Salter, Deputy Chairman                         

 

 

JUDGMENT

(1)            As a result of no Response Form having been presented on the expiry of the time limit in Article 8(1) of the Employment and Discrimination Tribunal (Procedure) Order 2016, the claimant’s claim for unfair dismissal and unpaid wages is successful.

 

(2)            The Respondent shall pay to the Claimant £4,166.66 for unpaid wages.

 

(3)            The Claimant’s claim shall be consolidated with claim 112/19 Newton v Alfie Buoy Limited.

 

(4)            The Claimant’s claim for unfair dismissal will be listed for a remedies hearing on 25th June 2019 at 9:30am.

THE REASONS

The Claim

 

(1)            On 14th May 2019, the Claimant presented a Claim Form with the Tribunal complaining of unfair dismissal and unpaid wages.

 

(2)            On 15th May 2019, the Tribunal wrote to the Respondent enclosing a copy of the Claimant’s Claim Form. The letter contained the following statement in bold:

 

IMPORTANT DOCUMENT

 

PLEASE NOTE THAT IF YOU FAIL TO RESPOND TO THIS NOTIFICATION WITHIN THE APPROPRIATE TIME LIMIT THIS CLAIM WILL BE CONSIDERED WITHOUT YOUR PARTICIPATION AND A MONETARY JUDGMENT MAY BE MADE AGAINST YOU

 

(3)            It required a response by 5th June 2019; that is 21 days after the date the letter was sent to the Respondents and so the date set by Article 8 of the Employment and Discrimination Tribunal (Procedure) Order 2016 (“Procedure Order”).

No Response

 

(4)            No Response having been received from the Respondents by 5th June 2019.

The Procedure Order

 

(5)            So far as is relevant Article 12 of the Procedure Order says:

 

12 Effect of non-presentation or rejection of response, or case not contested

(1)      This Article applies if –

(a)      no response has been presented on the expiry of the time limit in Article 8..

 

(2)      The Chairman or a Deputy Chairman must decide whether on the available material (which may include further information which the parties are required to provide), a determination can properly be made of the claim, or part of it and if so the Chairman or Deputy Chairman must issue a judgment accordingly; otherwise, a hearing must be fixed before a single tribunal member.

 

(3)      The respondent is entitled to notice of any hearings and decisions of the Tribunal but, unless and until an extension of time is granted, is entitled to participate in any hearing only to the extent permitted by the Chairman or Deputy Chairman.

 

Determination

 

(6)            No response having been received by 5th June 2019, article 12(1)(a) has been satisfied.

Decision on Liability

 

(7)            I decided that a determination on liability in this matter could be properly made. Article 12 of the Procedure Order provides I must therefore issue a judgment accordingly. I therefore made the judgment set out above.

 

(8)            The Claimant’s claims of unfair dismissal and for unpaid wages are successful against the Respondent.

 

Decision on Remedy

 

(9)            Having made the determination above I went on to consider whether I could make a determination of remedy on the material I have before me.

 

(10)        I have decided that I can properly make a determination of remedy for unpaid wages in this matter as the Claimant is seeking a liquidated sum and has fully set out the amounts she is claiming in her Claim Form with a rationale of this.

 

(11)        The Respondent shall pay to the Claimant the sum of £4,166.66.

 

(12)        I am unable, however, to make such a determination in relation to her unfair dismissal claim as the commencement date of her employment is unclear.

 

ORDERS

 

Consolidation of Claims

 

1.       Of his own initiative, and pursuant to Art 20 of the Employment and Discrimination Tribunal (Procedure) Order 2016, the Deputy Chairman orders that this claim and claim 112/19 Newton v Alfie Buoy Limited, be consolidated and heard together as they give rise to common issues of law and fact and arise out of the same set of circumstances. Such consolidation is in accordance with the overriding objective to deal with matters expeditiously.

 

Files for Hearing

2.       The Claimants shall produce an indexed file of documents for the Hearing (“File”).  Each page in the File shall be numbered consecutively for reference.  The Tribunal would expect the File contain the documents the claimant relies on to show the date of commencement of employment and their weekly pay.

 

Delivery of File

3.       This matter shall be heard before a single member tribunal.  The Claimant shall therefore deliver two copies of the File to the Tribunal office by midday on 24th June 2019.

 

4.       The Claimant must retain copies of all documents sent to the Tribunal and ensure that they have their own copy of the File in readiness for the Hearing.

 

 

 

Remedies Hearing

 

5.       The matter is listed for a remedies hearing, with a time estimate of one-hour before a single-member panel at 0930 on 25th June 2019. The parties are to attend by 0915.

 

 

Signed:                                                                        Dated: 13 June 2019

 

 

Mr. M. Salter, Deputy Chairman


Page Last Updated: 11 Jul 2019