Mr S Moundanga v Assist Resourcing UK Ltd: 2405341/2020
JUDGMENT
[1]The claimant’s claim of unauthorized deductions from wages relating to underpaid wages in the period up to and including 23rd November 2019 is struck out for lack of jurisdiction. The claim was presented to the Tribunal outside the statutory time limit in section 23 Employment Rights Act 1996. The Tribunal finds that it was reasonably practicable for the claimant to have complied with the time limit and declines to extend time pursuant to s23(4) of the 1996 Act.[2]The claimant’s claim of race discrimination in relation to unpaid £50 “stand down” fees for cancelled shifts is not struck out pursuant to rule 37(1)(a) or (b) of the Employment Tribunal Rules of Procedure 2013 but is made subject to a separate deposit order of today’s date.REASONS
There is no reasonable prospect of the original decision being varied or revoked because the application for reconsideration repeats arguments which have already been made and fully considered before judgment was given at the hearing. Extensive evidence and submissions were heard before the judgment was given. The reconsideration application raises no new issues not already taken into consideration and does not indicate that an error has been made in the original judgment. To the extent that the claimant’s email makes reference to without prejudice negotiations between the parties this is not something which should be disclosed to the judge and is not a relevant factor in determining the preliminary hearing issues.