D Sofoklis v St Mickalos Company Ltd: 2306757/2023
JUDGMENT
The Employment Tribunal Rules of Procedure 2013 - Rule 21 This claim was lodged with the London South Employment Tribunals on 30 November 2023. The Responded was sent notice of the claim on 14 February 2024 with a response expected – pursuant to Rule 16 – by 13 March 2024. The Respondent has failed to submit any response and has made no application for an extension of time in which to do so. I am satisfied that I can properly and fairly enter a judgment on this claim. The Claimant was unfairly dismissed by the Respondent. It is declared that the Respondent made unlawful deductions from the wages properly due to the Claimant. The Respondent failed to follow the applicable ACAS code. The Respondent has caused the Claimant to suffer a loss of statutory rights. The claim form also indicated claims for breach of contract (in respect of pay uplifts which were not given) and for unpaid holiday pay. It did not appear from the detailed pleadings (particulars of claim) that these were heads of claim which were pursued. In any event no remedy was identified in the Remedy section of the detailed particulars of claim. To the extent that it is necessary for me to resolve all elements of the claim before me, I dismiss the claims for breach of contract and unpaid annual leave as they were not actively pursued. As set out in the annex to this judgment, the Respondent must pay to the Claimant the total sum of £19,821.40 forthwith. Judge M Aspinall (sitting as an Employment Judge) Date: 11 April 2024 2306757-2023 Mr Demetris Sofoklis -v- St Mickalos Company Ltd: 11-04-2024 Judgment (Rule 21) Page 1 of 3 ANNEX IN THE EMPLOYMENT TRIBUNALS CASE NO: 2306757-2023 BETWEEN Demetris Sofoklis AND St Mickalos Company Ltd[1]Details Date of birth of claimant 11/12/1955 Date started employment 01/01/1996 Effective Date of Termination 08/08/2023 Period of continuous service (years) 27 Age at Effective Date of Termination 67 Remedy hearing date 11/04/2024 Date by which employer should no longer be liable 31/10/2023 Statutory notice period (weeks) 12 Net weekly pay at EDT 344.35 - Gross weekly pay: £370 - Personal Allowance: £12,570 per year - Taxable pay: £370 * 52 = £19,240 - £12,570 = £6,670 - Tax at 20% on £6,670: £1,334 - No NI as he reached State Pension Age Therefore: - Gross: £370 - Tax: £1,334 / 52 = £25.65 - NI: £0 - Net pay: £370 - £25.65 - £0 = £344.35. Gross weekly pay at EDT 370.00 Gross annual pay at EDT 19,240.00[2]Basic award Basic award 11,100.00 Number of qualifying weeks (30) x Gross weekly pay (370.00) Total basic award 11,100.00[3]Compensatory award (immediate loss) Loss of net earnings 12,155.56 Number of weeks (35.3) x Net weekly pay (344.35) Plus loss of statutory rights 500.00 Plus Unlawful deduction from wages (£30 x 78 weeks) 2,340.00 Less sums obtained, or should have been obtained, through -8,018.44 2306757-2023 Mr Demetris Sofoklis -v- St Mickalos Company Ltd: 11-04-2024 Judgment (Rule 21) Page 2 of 3 mitigation Failure to mitigate 8,018.44 Total compensation (immediate loss) 6,977.12[4]Adjustments to total compensatory award Plus failure by employer to follow statutory procedures @ 1,744.28 25% Compensatory award before adjustments 6,977.12 Total adjustments to the compensatory award 1,744.28 Compensatory award after adjustments 8,721.40[5]Summary totals Basic award 11,100.00 Compensation award including statutory rights 8,721.40 Total 19,821.40 AFTER COMPENSATION CAP OF £19,240.00 (GROSS 19,821.40 ANNUAL PAY) 2306757-2023 Mr Demetris Sofoklis -v- St Mickalos Company Ltd: 11-04-2024 Judgment (Rule 21) Page 3 of 3 Reference number 2306757-2023 EMPLOYMENT TRIBUNALS London South Employment Tribunal Claimant: Demetris Sofoklis Respondent: St Mickalos Company Ltd Before: Judge M Aspinall (sitting alone as an Employment Judge)[1]This case involves a claim brought by Mr. Demetris Sofoklis against his former employer, St Mickalos Co Ltd. Mr. Sofoklis submitted his claim to the Employment Tribunal on 23 February 2024.[2]St Mickalos Co Ltd was required to submit their response to the claim by 13 March 2024. This is because the rules state that a response must be submitted within 28 days of the claim being sent to the respondent.[3]On 11 April 2024, a judgment was entered against St Mickalos Co Ltd. This was because the Tribunal believed they had not submitted their response on time. Application for Reconsideration[4]St Mickalos Co Ltd applied for a reconsideration of the judgment. They explained that they had submitted their response online on 13 March 2024, before midnight. They provided evidence of this submission.[5]The Tribunal has reviewed the evidence and acknowledges that St Mickalos Co Ltd did, in fact, submit their response on time. The Law[6]The Employment Tribunal Rules of Procedure 2013 set out the rules for how cases are handled in the Tribunal. Rule 16 states that a respondent must submit their response within 28 days of the claim being sent to them.[7]Rule 4 explains how deadlines work. It states that if something must be done by a certain date, it must be done before midnight on that date.[8]Rule 70 allows a party to apply for a reconsideration of a judgment if they believe there has been an error. Reasons for my decision[9]The Tribunal made a mistake in believing that St Mickalos Co Ltd had not submitted their response on time. This was an administrative error on the part of the Tribunal, and we sincerely apologize for this mistake and any inconvenience it may have caused.[10]St Mickalos Co Ltd did submit their response on time, just before the deadline. Therefore, Mr Demetris Sofoklis -v- St Mickalos Company Ltd [URN 2306757-2023] 20-04-2024 Application for Reconsideration Page 1 of 2 the judgment against them should not stand.[11]For the reasons explained above, the Tribunal has decided to revoke the judgment entered on 11 April 2024. This means the judgment is cancelled and the case will now proceed as normal. Judge M Aspinall 20th April 2024 Sent to Parties 23rd April 2024 For the Tribiunal Office P Wing Mr Demetris Sofoklis -v- St Mickalos Company Ltd [URN 2306757-2023] 20-04-2024 Application for Reconsideration Page 2 of 2