Mrs S Hacking v The Centre for Green Energy Ltd: 2501165/2017
JUDGMENT
Appearances For the Claimant: Ms H Gardiner of Counsel For the Respondent: Mr P Clarke - Consultant JUDGMENT ON RECONSIDERATION It is the judgment of the Tribunal that it is not in the interests of justice to reconsider pursuant to Rule 72 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the 2013 Rules”) the Liability Judgment issued in this matter on 31 October 2017 pursuant to Rule 21 of the 2013 Rules. __________________________________ EMPLOYMENT JUDGE BUCHANAN JUDGMENT SIGNED BY EMPLOYMENT JUDGE ON 22 January 2018 ...................................................................... JUDGMENT SENT TO THE PARTIES ON 23 January 2018 AND ENTERED IN THE REGISTER G Palmer FOR THE TRIBUNAL OFFICE NOTE: Reasons for the judgment having been given orally at the hearing, written reasons will not be given unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of this written record of the decision. THE EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Mrs Suzanne Hacking AND The Centre for Green Energy Limited JUDGMENT OF THE EMPLOYMENT TRIBUNAL Held at: Newcastle upon Tyne On: 22 January 2018 Before: Employment Judge A M Buchanan Appearances For the Claimant: Ms H Gardiner of Counsel For the Respondent: Mr P Clarke - Consultant JUDGMENT ON REMEDY It is the judgment of the Tribunal that:[1]The respondent is ordered to pay forthwith to the claimant £5932.64 compensation for unfair dismissal. This comprises a basic award of £2912.52 and a compensatory award of £3020.12p[2]There will be no award in respect of the alternative claim for a redundancy payment.[3]There will be no award for breach of contract (unpaid notice pay) because the loss is covered by the compensatory award for unfair dismissal and to make an award would amount to double recovery.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to this award. __________________________________ EMPLOYMENT JUDGE BUCHANAN JUDGMENT SIGNED BY EMPLOYMENT JUDGE ON 22 January 2018 ......................................................................[1]It is the judgment of the Tribunal that it is in the interests of justice pursuant to Rule 70 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the 2013 Rules”) to reconsider and to vary the Judgment.[2]The Judgment is varied as follows: 2.1. Paragraph 1 of the Judgment is varied to read: The respondent is ordered to pay forthwith to the claimant compensation for unfair dismissal. This comprises a compensatory award of £1240.03p. 2.2. Paragraph 2 of the Judgment is varied to read: The claimant is entitled to a redundancy payment and the respondent is ordered to pay to the claimant a redundancy payment of £2912.52p. 2.3. Paragraph 3 of the Judgment is varied to read: Case Number: 2501165/2017 2 The respondent is ordered to pay to the claimant the sum of £1780.09 as damages for breach of contract in respect of unpaid notice pay. Paragraph 4 of the Judgment is not varied.REASONS
[1]The claimant has applied to vary the Judgment. The respondent does not object.[2]In a Judgment on Liability dated 31 October 2017 and issued pursuant to Rule 21 of the 2013 Rules on 2 November 2017, the claims advanced by the claimant to the Tribunal succeeded. Those claims included a claim of breach of contract (notice pay) and a claim for a redundancy payment.[3]The claimant is entitled to receive compensation in the most beneficial way.[4]I am satisfied that it is in the interests of justice to vary the manner in which I awarded compensation to the claimant in the Judgment.[5]Accordingly I vary the Judgment as set out above. The total amount payable under the Judgment has not altered in any way. EMPLOYMENT JUDGE BUCHANAN