Celerity LS Ltd v Miss P Labana — 2022

Celerity LS Ltd brought an employer's contract claim in response to proceedings brought by Miss P Labana in case 2306284/2020. The respondent was ordered to respond by 12 August 2021 but did not do so, and the tribunal therefore considered whether a Rule 21 judgment could be issued. The respondent also applied late for a postponement, which Employment Judge Abbott refused, and the hearing proceeded in the respondent's absence on 19 April 2022.

The tribunal held that Rule 21 of the Employment Tribunal Rules 2013 was engaged because no response had been presented in time. It considered the material before it and decided that a determination could properly be made on the available evidence. That evidence included the rental agreement, proof of the road traffic accident when the respondent was driving the van, a fine of £30, and repair costs of £2,290.80.

Employment Judge Abbott accepted that the repair invoice exceeded the sum stated in the counterclaim, but found it to be a true reflection of the actual costs incurred, noting that the counterclaim had been filed at an early stage of proceedings. The tribunal also accepted the claimant's concession that £396.44 should be deducted to reflect sums it accepted it owed the respondent.

The resulting award was £2,290.80 plus £30.00 less £396.44, producing a total of £1,924.36. The judgment orders the respondent to pay that sum in respect of the claimant's contract claim.