Miss H Spowart v Proactiv Cards Ltd: 1800855/2019
JUDGMENT
I am not prepared to reconsider my Judgment of 12 June 2019.REASONS
[1]The claim form in this case was presented on 27 February 2019.[2]It was served on the Respondent on 1 April 2019 and a response required by 29 April 2019. A response was not received.[4]On 7 June 2019 I issued a Judgment pursuant to the provisions of Rule 21 Tribunal rules of procedure 2013.[5]By email of 12 July 2019 the Respondent wrote to the Tribunal complaining that it had not been informed of the right to make an application to have that Judgment reconsidered.[6]I am treating that letter as an application for reconsideration.[7]In accordance with the provisions of Rule 71, Tribunal Rules of Procedure, this application ought to have been made within 14 days of the date on which my Judgment was sent to the parties. It was not and no explanation for that lateness has been supplied. Accordingly, I have no grounds for extending time and the application must fail on that basis.[8]Even, however, if I had extended time I would nevertheless have rejected the application as standing no reasonable prospect of success, in accordance with my power under Rule 72. Case No: 1800855/2019 2[9]The ground of the application is that the Respondent was not informed of its right to apply for a reconsideration. I do not accept that. The Judgment was issued with the standard covering letter. That letter refers to the ability to request the Employment Tribunal to reconsider a Judgment. The letter also encloses the Judgment booklet, providing details.[10]In any case, the application contains no proper explanation for the original failure to present a response to the claim, which is the real issue and which failure caused the issuing of the Judgment in the first place. Employment Judge Rostant Date: 19 July 2019 Case No: 1800855/2019 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimant: Miss H Spowart Respondent: Proactiv Cards Ltd CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 13 June 2019, is corrected as set out in block type showing the correct name of the Respondent as Proactiv Cards Ltd. Employment Judge Rostant Dated: 5 August 2019 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. Case Number:1800855 /2019 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Miss H Spowart Respondent: *Proactiv Cards Ltd* Heard at: Sheffield On: 7 June 2019 Before: Employment Judge Rostant Appearances For the claimant: Mr I Spowart, (father) For the respondent: No appearance, no attendance JUDGEMENT No appearance having been entered by the respondent and in accordance with Rule 21 Tribunal Rules of Procedure 2013, I make the following judgment;(1) The claimant has suffered an unlawful deduction from her wages and the respondent is ordered to pay her the sum of £1362 .28 (gross).(2) I declare that the claimant has suffered direct discrimination because of her age(3) I declare that the claimant has suffered direct discrimination because of her sex(4) I order the respondent to pay the claimant compensation in respect of 2 and 3 above as follows Loss of Earnings 7 weeks at £348.62 per week (gross) £2.692.31 Plus interest on that sum at 8% from mid-point to date of calculation i.e 25 March 2019 to 7 June 2019 (10 weeks) £ 41.42 Injury to feelings £10,000 Plus interest at 8% from date of discrimination to calculation i.e 17 December 2018 to 7 June 2019 (25 weeks) £384.62 Case Number:1800855 /2019 2 of 2 Aggravated damages £2,000 Plus interest at 8% from date of discrimination to calculation i.e 18 February 2019 to 7 June 2019 (15 Weeks) £230.77 Total for discrimination £15,349.12 Employment Judge Rostant Corrected Judgment Sent to the parties on: 6th August 2019 Case No:1800855/2019 EMPLOYMENT TRIBUNALS Claimant: Miss H Spowart Respondent: Proactiv Cards Ltd[1]The application is the second application for substantially the same reasons.[2]Both it and its predecessor were made out of time.[3]In accordance with Rules 71 and 72, Tribunal Rules of Procedure 2013, it is dismissed.