Ms T Gazova v Mrs H Sumer Wells (trading as Coco Boutique) APPLICATION TO SUBSTITUTE RESPONDENT ON — 2019

The judgment substituted Mrs H Sumer Wells (trading as Coco Boutique) as respondent under Rule 34 of the Employment Tribunals Rules of Procedure 2013, on the basis that she should have been the respondent in the proceedings. The judge recorded that the claim form had come to the respondent's attention before the Rule 21 judgment was made, relying in part on an email dated 23 September 2018 and the notice sent on 31 July 2018 with a response deadline of 28 August 2018.

Because no response was filed, the tribunal entered a Rule 21 judgment in the claimant's favour on the pleaded monetary claims. The claimant's claim for damages for breach of contract, described as notice pay, succeeded in the sum of £337. The tribunal also found an unauthorised deduction from wages and ordered £350, stated to be the gross amount, with the note that payment of the net amount would satisfy the judgment debt if the respondent paid any tax and national insurance due to HMRC.

The tribunal further found that the respondent failed to pay the claimant in lieu of entitlement to annual leave, and ordered payment of £607. The judgment was sent to the parties on 18 November 2019 and records that the amounts awarded were the same as those in the earlier judgment sent on 20 September 2018.