Mr C Linnane v North West Maintenance Solutions Ltd: 2401868/2020
JUDGMENT
[1]Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £3,840.62, subject to such deductions as it is required to make for tax and national insurance. Employment Judge Horne _____________________________ Date: 24 June 2020[2]JUDGMENT SENT TO THE PARTIES ON 9 July 2020 AND ENTERED IN THE REGISTER FOR THE TRIBUNAL OFFICE Case No: 2401868/2020 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2401868/2020 Name of case: Mr C Linnane v North West Maintenance Solutions Limited The Employment Tribunals (Interest) Order 1990 provides that sums of money payable as a result of a judgment of an Employment Tribunal (excluding sums representing costs or expenses), shall carry interest where the full amount is not paid within 14 days after the day that the document containing the tribunal’s written judgment is recorded as having been sent to parties. That day is known as “the relevant decision day”. The date from which interest starts to accrue is called “the calculation day” and is the day immediately following the relevant decision day. The rate of interest payable is that specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as "the stipulated rate of interest" and the rate applicable in your case is set out below. The following information in respect of this case is provided by the Secretary of the Tribunals in accordance with the requirements of Article 12 of the Order:- "the relevant decision day" is: 9 July 2020 "the calculation day" is: 10 July 2020 "the stipulated rate of interest" is: 8% For the Employment Tribunal Office[3]Case No:2401868/2020 Code P EMPLOYMENT TRIBUNALS Claimant: Mr C Linnane Respondent: North West Maintenance Solutions Ltd[5]The respondent’s application for reconsideration is refused.REASONS
[1]The “Code P” in the heading to this judgment indicates that the judgment was issued without a hearing.[2]Judgment was sent to the parties on 9 July 2020.[3]By e-mail dated 14 August 2020, the respondent asked for a “rehearing on this judgment”.[4]The tribunal responded on 17 October 2020 as follows: “Employment Judge Horne directs that the Respondent has applied for a reconsideration of the Judgement sent to the parties on 9th July 2020. The application was made after the expiry of the time [limit] for reconsideration applications. The Respondent still has not presented a draft ET3 Response Form or explained the grounds on which they resist the claim. The Respondent also needs to explain why it could not present its response on time and why it delayed its reconsideration application. Before an Employment Judge gives preliminary consideration to the Respondent’s application, the Respondent has a final opportunity to provide the documents and information described above. They should be delivered to the Tribunal in writing by 24th October 2020.” Case No:2401868/2020 Code P[5]The respondent has not replied.[6]I now give preliminary consideration to the reconsideration application under rule 72 of the Employment Tribunal Rules of Procedure.[7]Rule 71 provides that an application for reconsideration shall be presented in writing and copied to the other parties within 14 days of the date on which the written record of the decision was sent to the parties. The respondent’s e-mail was sent more than 14 days after 9 July 2020. Despite being given an opportunity to do so, respondent has not put forward any basis for extending the time limit for the reconsideration application.[8]The reconsideration application is also refused under rule 72(1) on the ground that there is no reasonable prospect of the original decision being varied or revoked. There is still no draft response or grounds for resisting the claim. The respondent cannot have been in doubt that these were required before the judgment would be reconsidered.