Mrs L Ellis v Lloyds Pharmacy Ltd: 1303384/2018

EMPLOYMENT TRIBUNALS
Case No 1303384/2018Venue Newcastle-under-LymeHearing 1 February 2019
Mrs L EllisClaimantLloyds Pharmacy LtdRespondent
Employment Judge GaskellIn person for claimantMr T Doyle (instructed by Solicitor) for respondentDate 14 February 2019

JUDGMENT

The parties having agreed terms of settlement; The judgment of the tribunal is that:[1]To enable the parties to implement the agreed terms, the hearing of this claim is postponed without re-listing but with permission to either party to request the listing of a further hearing.[2]The claim will be dismissed as having been withdrawn by the claimant without further order of the tribunal if there is no request for a further hearing received by the tribunal office before 4pm on 15 March 2019.[3]Either party has permission to apply for the date at Paragraph (2) above to be extended; such application must be received by the tribunal office by no later than 4pm on 15 March 2019 and shall state full details of the reason for the request. 3) In the event of a request pursuant Paragraphs 2 or 3 above the claim shall be referred to Employment Judge Gaskell for case management and listing instructions. NOTE OF HEARING[1]At the outset of today’s hearing, the respondent acknowledged that the figures set out in the response form were incorrect and were likely to have caused considerable confusion to the claimant.[2]The respondent has now prepared a witness statement for Ms Giordana Arrivabene – Payrol Team Leader, properly setting out the correct figures and Case Number 1303384/2018 demonstrating that the claimant had in fact received all that was due to her. Indeed, there was a modest overpayment of £393 in respect of which the respondent waives any right to reimbursement.[3]Having been able to consider the figures in Ms Arrivabene’s witness statement, the claimant is satisfied that she had been fully paid. She remains aggrieved that she has not received a payslip or statement of tax and other deductions made. She is clearly entitled to receive these documents. Mr Doyle indicated that the relevant documents and would be with the claimant by no later than Friday 1 March 2019.[4]I have therefore adjourned the claim without relisting to give the respondent an opportunity to provide the relevant documentation to the claimant and for the claimant to be satisfied with it. If the claimant does not apply for a further hearing before Friday 15 March 2019, the claim will stand dismissed upon having been withdrawn.[5]I made it clear to the claimant that there is no criticism to be made of her either by the respondent or by the tribunal for having brought the claim because until now it was impossible for her to understand the calculations of what had been paid to her. Signed by