Ms C Barratt v Smooth Gym Ltd: 2420533/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1800, representing 8 years’ continuous service when aged over 41 years at her weekly pay of £150.00.[2]In breach of contract, the respondent has failed to pay the claimant’s statutory notice entitlement and is ordered to pay her the sum of £500 net (after the claimant gives credit for the total sums paid amounting to £700.00).[3]The hearing listed on 30 November 2017 is cancelled. Regional Employment Judge Parkin Date: 24 November 2017REASONS
This was a reconsideration on the Tribunal’s own initiative under Rule 73 of the Employment Tribunal’s Rules of Procedure 2013. The respondent had also appealed the Tribunal’s judgment, which was sent to the parties on 29 November 2017. The parties agreed that they had reached a conciliated COT3 agreement on 28 November 2017, immediately before the Rule 21 Judgment was issued. Had the Judge known that, the Rule 21 Judgment would not have been made; it should therefore be revoked.