Claimant v Dr A Chowdry — 2017

The case proceeded under rule 21 because the respondent did not lodge an ET3 response. On the available material, Employment Judge Ian McPherson held that Mrs Maria Collins's complaints of unfair dismissal and failure to pay holiday pay succeeded. The judge also directed that the respondent's participation at any later remedy hearing on unfair dismissal would be limited to the extent permitted by the judge hearing that hearing.

Remedy for unfair dismissal was not decided in this judgment. The tribunal recorded that the claimant had lodged a schedule of loss seeking a basic award of £3,712.99, a compensatory award of £10,567 and £7,500 described as compensation for injury to hurt feelings, but said evidence from the claimant would be required before those amounts could be determined.

The judge did determine the holiday pay claim on the papers. The respondent was found to have failed to pay the claimant's holiday entitlement and was ordered to pay £465.92 for 16 days of leave accrued but not taken at termination of employment. The tribunal also ordered reimbursement of the £250 tribunal fee under rule 75(1)(b), and noted that liability for any later hearing fee would be determined at the remedy hearing.