M Hassan v Assist Resourcing Ltd: 2405616/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £191.84.[2]The respondent has made an unauthorised deduction from the claimant’s wages in relation to the suspension period and is ordered to pay the claimant the gross sum of £3117.40.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £340.00.[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £646.00. _____________________________ Employment Judge Batten 24 August 2021[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.gov.uk/government/collections/employment-tribunal-forms If you do not have access to the internet, paper copies can be obtained by telephoning the tribunal office dealing with the claim.[2]The Employment Tribunals (Interest) Order 1990 provides for interest to be paid on employment tribunal awards (excluding sums representing costs or expenses) if they remain wholly or partly unpaid more than 14 days after the date on which the Tribunal’s judgment is recorded as having been sent to the parties, which is known as “the relevant decision day”.[3]The date from which interest starts to accrue is the day immediately following the relevant decision day and is called “the calculation day”. The dates of both the relevant decision day and the calculation day that apply in your case are recorded on the Notice attached to the judgment. If you have received a judgment and subsequently request reasons (see ‘The Judgment’ booklet) the date of the relevant judgment day will remain unchanged.[4]“Interest” means simple interest accruing from day to day on such part of the sum of money awarded by the tribunal for the time being remaining unpaid. Interest does not accrue on deductions such as Tax and/or National Insurance Contributions that are to be paid to the appropriate authorities. Neither does interest accrue on any sums which the Secretary of State has claimed in a recoupment notice (see ‘The Judgment’ booklet).[5]Where the sum awarded is varied upon a review of the judgment by the Employment Tribunal or upon appeal to the Employment Appeal Tribunal or a higher appellate court, then interest will accrue in the same way (from "the calculation day"), but on the award as varied by the higher court and not on the sum originally awarded by the Tribunal.[6]‘The Judgment’ booklet explains how employment tribunal awards are enforced. The interest element of an award is enforced in the same way. Case No: 2405616/2021 EMPLOYMENT TRIBUNALS Claimant: M Hassan Respondent: Assist Resourcing LimitedREASONS
[1]Rule 70 of the 2013 Rules of Procedure empowers a Tribunal either on its own initiative or on the application of a party to reconsider a Judgement where it is in the interests of justice to do so. On reconsideration, the original decision can be revoked.Background
[2]The claim was presented to the Tribunal on 30 April 2021 and served upon the respondent on 5 May 2021. No response was received. On 17 June 2021, the Tribunal sent the service papers to the respondent’s registered office and invited a response. No response was received. Accordingly, a Judgment was issued pursuant to Rule 21 and sent to the parties on 26 August 2021.[3]The respondent then instructed solicitors who made an application to extend time for presenting the response. Unfortunately, the application did not comply with the provisions of Rule 20 and was therefore refused.[4]On 29 October 2021, the respondent corrected the defect which had led to the rejection of its response and applied for a reconsideration of the decision to reject its response. I reconsidered the decision and decided that the response should then be accepted: the respondent had given a valid explanation for its failure to enter a response in time; the draft response was submitted in a reasonable time thereafter; Case No: 2405616/2021 the response had merits; and in the circumstances I considered that the respondent would suffer prejudiced if it was unable to defend the claim.[5]My decision was conveyed in a letter to the parties. This letter should have been accompanied by a Judgment on reconsideration but, due to an oversight, it was not.[6]Accordingly, the application for reconsideration is granted and the default judgment issued on 26 August 2021 is revoked.