Miss C Spain v The Federation of St John's Catholic School and St James The Great RC Primary School: 2302875/2019
JUDGMENT
[1]The case is adjourned to an entirely new Tribunal and Employment Judge sitting alone to be held at Montague Court, 101 London Road, West Croydon CR0 2RF on 8 and 9 June 2020.[2]The Claimant’s monetary claims set out at paragraph 9.2 of her claim form are not being pursued as separate monetary claims either as breaches of contract or unlawful deduction from wages and are therefore dismissed on withdrawal by the Claimant. Case Number: 2302875/2019REASONS
[1]It became plain for the following reasons that the case could not be completed in the one day allocated to it today. Those reasons are:- a) Mr McKenzie was listed in two cases at the same time at this Tribunal; b) That there was not an agreed bundle. The Respondents had prepared a bundle of some 230 pages and the Claimant had prepared a bundle of some 380 pages indicating that there were at least 150 pages that were not common. The Claimant’s bundle had not been seen by the Respondents prior to the hearing. c) The third reason was that the Claimant’s witness statement was not cross-referenced to either bundle. I invited the parties to comment in those circumstances and which led to Mr McKenzie making a formal application to adjourn. This was not opposed by Ms Banton but she made it clear that an adjournment at this stage would bring forward a claim for costs pursuant to Rule 76 of the First Schedule of the Employment Tribunals Constitution and Rules of Procedure Regulations 2013. This is not a matter to be determined today because it is apparent that there may be fault on both sides. In those circumstances, there was no alternative but to adjourn and happily the parties have agreed on a new listing date which is recorded above. Employment Judge Blackwell Date: 27 November 2019 Public access to Employment Tribunal Judgments All judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the Claimant(s) and Respondent(s) in a case.