Mr M Skinner v Daisy Communications Ltd: 2408484/2021
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 net sum of £173.22.[2]The hearing listed on 29 November 2021 is cancelled. _____________________________ Employment Judge Batten 21 October 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/publications/employment-tribunal-hearings-judgment-guide-t426 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 Number: 2408484/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mr M Skinner Respondent Daisy Communications LimitedREASONS
[1]On 21 October 2021, the Tribunal gave judgment in the sum of £173.22 for unauthorised deductions from wages pursuant to section 23 of the Employment Rights Act 1996. The Judgment was issued in accordance with Rule 21 because the respondent had failed to enter a response to the claim by the statutory deadline of 17 August 2021. The Judgment was sent to the parties on 1 November 2021. I was the Employment Judge who signed that Judgment.[2]On 4 November 2021, immediately upon receipt of the Judgment, the respondent contacted the Tribunal to raise a concern that the Judgment had been made on a date after ACAS had notified the Tribunal that the claim had settled. An issue therefore arises as to whether the Judgment should be reconsidered. Rules of Procedure Case Number: 2408484/2021 2[3]Rule 70 of the 2013 Rules of Procedure empowers the Tribunal, on its own initiative or on the application of a party, to reconsider any Judgment. In addition, Rule 73 provides for reconsideration by the Tribunal on its own initiative subject to the procedure in Rule 72(2).[4]Rule 72(2) provides that, unless a reconsideration is refused under Rule 72(1), the original decision shall be reconsidered at a hearing unless the Employment Judge considers, having regard to any written response and the views of the parties, that a hearing is not necessary in the interests of justice.[5]The test is whether it is necessary in the interests of justice to reconsider the Judgment. Broadly, it is not in the interests of justice to allow a party to reopen matters heard and decided, unless there are special circumstances which could have a material bearing on the outcome.Conclusion
[6]In accordance with Rule 72(2), I consider that a reconsideration hearing is not necessary in light of the apparent administrative error that has led to a Judgment being issued under Rule 21.[7]Having considered the Tribunal file and the evidence of notification of the settlement via ACAS, I am bound by the Tribunal Rules to revoke the judgment and to dismiss the claim upon withdrawal. It is apparent to me that, on 8 October 2021, ACAS had notified the Tribunal of the settlement which the parties had reached. However, due to an administrative oversight, the email from ACAS was not linked to the file at the time, or at all until the respondent brought the matter to the Tribunal’s attention.[8]I am therefore satisfied that there are special circumstances which require me to revoke the Judgment dated 21 October 2021 which was sent to the parties on 1 November 2021. It is in the interests of justice that the claim shall be dismissed upon withdrawal in accordance with Rule 52 as the parties have agreed.