Ms A Anderson v Chat Cafe CIO: 1403825/2023
JUDGMENT
[1]The judgment of the tribunal is that: BY CONSENT: The breach of contract claims between the parties are dismissed on withdrawal. The Respondent agrees to pay the Claimant the amount of £864.50 gross in respect of accrued but untaken holiday. The Respondent agrees to pay the amount of £189 into the Claimant’s NEST account. The parties agree not to say or write anything that is defamatory or derogatory about the other. Employment Judge Gray Dated 3 January 2024 Case No. 1403825/2023 2 Judgment sent to Parties on 16th January 2024 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing, or a written request is presented by either party within 14 days of the sending of this written record of the decision. Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislationpractice- directions/[2]Case No. 1403825/2023 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Ms A Anderson AND Chat Cafe CIO[3]JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD AT Southampton ON 3 January 2024 EMPLOYMENT JUDGE GRAY Appearances For the Claimant: In person For the Respondent: Mrs Boseley (a Trustee of the Respondent)[5]The judgment of the tribunal is that: BY CONSENT: The breach of contract claims between the parties are dismissed on withdrawal. The Respondent agrees to pay the Claimant the amount of £864.50 gross in respect of accrued but untaken holiday. The Respondent agrees to pay the amount of £189 into the Claimant’s NEST account. The parties agree not to say or write anything that is defamatory or derogatory about the other. Case No. 1403825/2023 2 JUDGMENT having been delivered orally on the 3 January 2024 (and sent to the parties on the 16 January 2024), and written reasons having been requested by email from the Respondent dated 17 January 2024, in accordance with Rule 62(3) of the Employment Tribunals Rules of Procedure 2013, the following reasons are provided:REASONS
[1]Following representations on behalf the Respondent making a proposal to settle all complaints, and then a counter settlement proposal by the Claimant being agreed to by the Respondent, this Judgment was then made by Consent with the agreement of the parties. ____________________ Employment Judge Gray Dated 26 January 2024 Judgment sent to Parties on 06 February 2024 For the Tribunal Office Case No: 1403825/2023 EMPLOYMENT TRIBUNALS Claimant: Ms A Anderson Respondent: Chat Cafe CIO RECONSIDERATIONJUDGMENT The application for reconsideration is refused.[1]The Respondent has applied for a reconsideration of the Judgment given orally on the 3 January 2024 which was then sent to the parties on 16 January 2024.[2]The grounds are set out in an email on behalf of the Respondent dated 29 January 2024.[3]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 Claimant’s application has therefore been made within the relevant time limit.[4]The grounds for reconsideration are only those set out in Rule 70, namely that it is necessary in the interests of justice to do so.[5]Pursuant to Rule 72(1) if an Employment Judge considers that there is no reasonable prospect of the original decision being varied or revoked that application shall be refused and the parties informed of that refusal.[6]I consider that there is no reasonable prospect of the original decision being varied or revoked so refuse the application. The Judgment was made by consent having heard representations from the parties. The Respondent made Case No: 1403825/2023 a proposal to settle all complaints. The Claimant made a counter settlement proposal which was agreed to by the Respondent. The Judgment was then made by consent with the agreement of the parties.