Miss J Kennedy v Mascolo Group Ltd: 1805839/2018

EMPLOYMENT TRIBUNALS
Case No 1805839/2018
Miss J KennedyClaimantMascolo Group LtdRespondent
Employment Judge BrightIn person for claimantNot in attendance. for respondentDate 22 July 2019

JUDGMENT

[1]The respondent made an unauthorized deduction from the claimant’s wage. The respondent must pay to the claimant the sum of £889.20. 26 September 2018 _____________________________ Employment Judge Bright[2]JUDGMENT SENT TO THE PARTIES ON ..................................................................................... ...................................................................................... FOR THE TRIBUNAL OFFICE Note 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.[3]Case No: 1805839/2018 11.13 Judgment on reconsideration of rule 21 Judgment – no hearing - rule 70 EMPLOYMENT TRIBUNALS Claimant: Miss J Kennedy Respondent: Mascolo Group Limited[5]The Tribunal’s judgment sent to the parties on 28 September 2018 is revoked.

REASONS

[1]The respondent made an application on 3 April 2018 under rule 71 of the Employment Tribunal Rules of Procedure 2013 for a reconsideration of the Judgment sent to the parties on 28 September 2018 on the ground that it was never the claimant’s employer. The claimant has not objected to the application. Further the claimant has not objected to the respondent’s application that the reconsideration be conducted without the need for a hearing. On the information available to me, which the claimant has not disputed, she has received Place Hairdressing (T) Limited t/a Toni and Guy, which the respondent says was her employer. In the circumstances, including the claimant’s failure to respond to correspondence from the Tribunal dated 20 February 2019 and 28 May 2019, I am also of the view that it is in the interests of justice to for the application for reconsideration to be considered on the papers without further delay.[2]On considering the application on the papers, taking into account all of the information before me on the Tribunal’s file, in particular that the claimant has already received payment of the sum awarded, I consider that it is in the interests of justice to revoke to the Judgment sent to the parties on 28 September 2018. 22 July 2019 (Signed by Regional Employment Judge Robertson in the absence of Employment Judge Bright under rule 63 of the Employment Tribunals Rules of Procedure 2013)[1]The respondent made an application on 3 April 2019 under rule 71 of the Employment Tribunal Rules of Procedure 2013 for reconsideration of the Judgment sent to the parties on 28 September 2018 on the ground that it was never the claimant’s employer. The claimant has not objected to the application. Further the claimant has not objected to the respondent’s application that the reconsideration be conducted without the need for a hearing. On the information available to me, which the claimant has not disputed, she has received the amount awarded at the hearing on 26 September 2018 from Leeds Albion Place Hairdressing (T) Limited t/a Toni and Guy, which the respondent says was her employer. In the circumstances, including the claimant’s failure to respond to correspondence from the Tribunal dated 20 February 2019 and 28 May 2019, I am also of the view that it is in the interests of justice for the application for reconsideration to be considered on the papers without further delay.[2]On considering the application on the papers, taking into account all of the information before me on the Tribunal’s file, in particular that the claimant has already received payment of the sum awarded, I consider that it is in the interests of justice to revoke to the Judgment sent to the parties on 28 September 2018. Case No: 1805839/2018 2 22 July 2019 (Corrected under rule 69 on 2 September 2019) (Signed by Regional Employment Judge Robertson in the absence of