Case 2206865/2020 · Employment Tribunal
Mr David Silva v Simya Canteen Ltd — 2020
- Case reference
- 2206865/2020
- Decision date
- 11 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smailes
Parties
2 namedClaimant
Mr David Silva
Respondent
Key findings
Tribunal's reasoningEmployment Judge Smailes, sitting alone, granted the respondent's application for an extension of time to present its response. Applying Kwik Save Stores Ltd v Swain and ors [1997] ICR 49, the judge considered the respondent's explanation for the delay, the balance of prejudice and the merits of the defence. He accepted the respondent's account that it had not become aware of claim 2204438/2020 and claim 2206865/2020 until 28 January 2021, when it received hearing joining instructions referencing claim 2204438/2020, and found there had been administrative confusion around the claims.
The judge found that the claimant would not suffer prejudice by having the claims fairly tried on their merits, whereas the respondent would be prejudiced if barred from defending them. He therefore extended time, dispensed with further service, and made case management orders for the consolidated claims to proceed to a final hearing. The order identified claim 2204438/2020 as an unlawful deduction from wages issue concerning wages due from 01 October 2019 to 31 March 2020, and required the claimant to provide further details of claim 2206865/2020, including a schedule of loss for arrears of pay, notice pay and holiday pay and the basis of the £5,000 compensation claim.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The order identifies claim 2204438/2020 as an issue about whether the respondent made an unlawful deduction from wages by failing to pay the claimant full wages due from 01 October 2019 to 31 March 2020, but this judgment only grants the respondent an extension of time to present its response and does not determine liability. | Other | — | — |
| Other | The order refers to claim 2206865/2020 and directs the claimant to particularise his claim for arrears of pay, notice pay and holiday pay from 01 April 2020 to 12 August 2020, together with the basis of a £5,000 compensation claim. The judgment does not give a separate legal label for that claim or determine it on the merits. | Other | — | — |
Legal tests applied
2 references- Kwik Save Stores Ltd v Swain and ors 1997 ICR 49
- rule 20 of the Employment Tribunals Rules of Procedure
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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