IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL
IN THE MATTER:
ALFIE BUOY LIMITED
ARTICLE 12 JUDGMENT
M. Salter, Deputy Chairman
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.
The Respondent shall pay to the Claimant £4,166.66
for unpaid wages.
The Claimant’s claim shall be consolidated
with claim 112/19 Newton v Alfie Buoy Limited.
The Claimant’s claim for unfair dismissal
will be listed for a remedies hearing on 25th
June 2019 at 9:30am.
14th May 2019, the Claimant presented a Claim Form with the Tribunal
complaining of unfair dismissal and unpaid wages.
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:
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
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”).
Response having been received from the Respondents by 5th June 2019.
far as is relevant Article 12 of the Procedure Order says:
of non-presentation or rejection of response, or case not contested
(1) This Article applies if
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.
response having been received by 5th June 2019, article 12(1)(a) has
Decision on Liability
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.
Claimant’s claims of unfair dismissal and for unpaid wages are successful
against the Respondent.
Decision on Remedy
made the determination above I went on to consider whether I could make a
determination of remedy on the material I have before me.
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.
Respondent shall pay to the Claimant the sum of £4,166.66.
am unable, however, to make such a determination in relation to her unfair
dismissal claim as the commencement date of her employment is unclear.
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
Files for Hearing
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
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.
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.
13 June 2019
Mr. M. Salter, Deputy Chairman