Mr A Ryder v Community Care Worker Ltd: 1300084/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Midlands West Employment Tribunals on 12 January 2024. The Respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with Rule 21 of the Rules of Procedure.[2]The Respondent has made unauthorised deductions from the Claimant’s wages and is ordered to pay the Claimant a sum of £1655.75 gross.[3]The Claimant was dismissed in breach of contract in respect of notice and the Respondent must pay damages to the Claimant of £200 net.[4]The Respondent has failed to pay the Claimant’s holiday entitlement and is ordered to pay the Claimant a sum of £216.25 gross.[5]The sum payable above, other than in respect of notice pay, is the gross amount to be paid and the Respondent is responsible for deductions of any income tax and National Insurance contributions thereon.[6]The respondent must pay the claimant £2072 in total. Employment Judge Edmonds 16 May 2024 Case No: 1300084/2024 EMPLOYMENT TRIBUNALS Claimant: Mr A Ryder Respondent: Community Care Worker Ltd«resp_others» UPON APPLICATION made by email dated 19 June 2024 to reconsider the judgment under Rule 21 Employment Tribunals Rules of Procedure 2013 dated 16 May 2024 and without a hearing,[1]The judgment is confirmed and the Rule 21 Judgment dated 16 May 2024 and sent to the parties on 31 May 2024 remains in place.[2]The reasons for this decision are:a. The respondent’s application for reconsideration was sent to the Tribunal on 19 June 2024. The Judgment was sent to the parties on 31 May 2024. Under Rule 71 of the Employment Tribunal Rules any application for reconsideration should be made within 14 days of the date on which the written reasons were sent. This was explained in the Rule 21 Judgment. The respondent’s application was made 14 days after the date on which the Judgment was sent.b. Despite the application for reconsideration being out of time, I have exercised my discretion under Rule 5 of the Employment Tribunal Rules to extend the time limit for the application for reconsideration to 19 June 2024 so that it can be considered. This is on the basis that the respondent has indicated that it received the Judgment on 18 June 2024, despite it being sent on 31 May 2024. No explanation is provided for why this delay might have occurred, but I consider it nevertheless in the interests of justice to consider the application.c. However, the application was not accompanied by an application for an extension of time or the draft response form, as required by Rule 20 of the Employment Tribunal Rules and as had been explained to the respondent alongside the Rule 21 Judgment. Case No: 1300084/2024d. The Tribunal wrote to the respondent on 9 July, explaining what was required. This letter said that any application for an extension of time should be presented by 16 July 2024.e. No such application has been received, and therefore there is still no valid response form to the claim, nor a specific application for an extension of time. Although it is accepted that the correspondence on 19 June indicated that the respondent wished to defend the claim and set out the basis on which it intended to do so, that alone is insufficient, as was explained to the respondent.[3]Therefore, there is no reasonable prospect of the original decision being varied or revoked and the respondent’s application for reconsideration is refused.