Red Ninja Ltd v Succu UKEAT/0035/19/BA
Appeal against the ET’s judgment rejecting the Respondent’s late response to the Claimant’s claim form, refusing the Respondent’s application for a postponement of the hearing and upholding the Claimant’s complaints of unauthorised deductions from wages, unpaid holiday pay and breach of contract. Appeal allowed in part.
The Claimant asserted that the Respondent terminated his contract because of lack of work coming in and the need to save money, and he brought claims in the ET for unauthorised deductions from wages, unpaid holiday pay and breach of contract. The Respondent, who was working in the US, failed to submit a response to the notice of claim in time, and requested a postponement of the date set for the hearing. The ET rejected the Respondent's late response, refused his application for postponement and ordered him to pay compensation for unauthorised deductions from wages, unpaid holiday pay and unpaid contractual notice pay. The Respondent appealed.
The EAT held that the ET was correct to reject the Respondent's late response, and that the awards in respect of wages and holiday pay should stand; however, the award in respect of notice pay should be quashed and the matter remitted to the ET, on the basis that the Claimant had not specifically claimed notice pay and, if the ET was considering making a notice pay award, it should allow both parties a fair opportunity to be heard.
Published: 02/09/2019 15:52