Miss S Rabheru v Freedom Sportsline Ltd: 2407899/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time. The employment judge has decided that a determination can properly be made of the claim, in accordance with Rule 21 of the Rules of Procedure.[2]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum (calculated as 87 hours at £4.81, being the minimum wage for a worker aged between 16 and 17) of £418.47.[3]The hearing listed for 2 February 2023 has been cancelled. Employment Judge Phil Allen Date: 29 November 2022[1]There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.[2]The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.[3]The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.[4]Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.[5]Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.[6]If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.[7]If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.[8]If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.[9]The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way. Case No: 2407899/2022 EMPLOYMENT TRIBUNALS Claimant: Miss S Raberhu Respondent: Freedom Sportsline LimitedREASONS
There is no reasonable prospect of the original decision being varied or revoked, because the Tribunal has no record of any reconsideration application being received from the respondent on 11 January 2023. It is noted that the copy of any such previous application is not attached to the new application made. Emails were received from the respondent on 11 January 2023 requesting a copy of the original ET1 and acknowledging receipt (when they were provided). The next correspondence identified as received by the Employment Tribunal was the email from the respondent of 7 February 2023 attaching what was called a notice of appeal form. That form was dated 11 January 2023, but was only received by the Employment Tribunal on 7 February 2023. It is not inconceivable that there may have been confusion between submission of an appeal to the Employment Appeal Tribunal (which is what it appears the notice of appeal was intended to do), and making an application for reconsideration to the Employment Tribunal (which is what was considered in the decision sent to the parties on 13 February 2023). Based upon the documentation held by the Employment Tribunal, the basis for the decision made and recorded in the letter of 13 February 2023 remains correct and there is no reasonable prospect of that decision being varied or revoked because of anything said in the application of 16 February 2023. It was not in the interests of justice for time to be extended to apply for reconsideration for the reasons set out in 13 February 2023 letter, and that remains correct in the light of what is said in 16 February 2023 application. Case No: 2407899/2022