Miss S Byard v Cambray Catering Recruitment Ltd: 1400885/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Respondent has failed to pay the Claimant’s holiday entitlement and is ordered to pay her the sum of £394.00.[2]The hearing listed on 19 July 2019 is cancelled.REASONS
[1]The Claimant has applied for a reconsideration of the Judgment dated 25 April 2019 which was sent to the parties on 29 April 2019. The grounds are set out in her application of 30 April 2019.[2]Schedule 1 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 contains the Employment Tribunal Rules of Procedure 2013 (“the Rules”). Under rule 71, an application for reconsideration under rule 70 must be made within 14 days of the date on which the decision (or, if later, the written reasons) were sent to the parties. The application was therefore received inside the relevant time limit.[3]The grounds for reconsideration are only those set out within rule 70, namely that it is necessary in the interests of justice to do so.[4]The Claimant has stated that she made an error on her claim form in relation to the calculation of her loss. Having considered her email of 30 April and having seen no good reason not to accept the assertions contained within it, the Judge has been prepared to vary the Judgment for the revised sum of £433.95.[5]Accordingly, the application for reconsideration pursuant to rule 72 (1) is granted.