Mr S Kwiatowski v The Widdowson Corporation Ltd: 2601566/2016
JUDGMENT
[1]The Claimant’s application for reconsideration of the corrected judgment sent to the parties on 7 July 2017 is refused.[2]The Claimant’s application for a corrected judgment is refused.REASONS
[1]There is no reasonable prospect of the original decision being varied or revoked because:1.1 The corrected judgment was sent to the parties on 7 July 2017. The Claimant’s application was received by the Tribunal on 4 January 2018. The Claimant’s application is made significantly more than 14 days after the decision was sent to the parties. No request has been made for an extension of time and the Claimant has not provided a good explanation for the delay in making the application. Case No: 2601566/2016 11.12 Judgment on reconsideration – no hearing - rules 70 and 731.2 The Claimant presented his claim naming the Respondent as “Widdowson Group Ltd”. The name of the Respondent was subsequently changed by the Tribunal to “The Widdowson Corporation Limited”. The Claimant now says that the name of his employer was “A.M. Widdowson and Son LTD”, a company which appears to have changed its name to “Loglecdissol Limited”. The Claimant has presented no claim against A.M. Widdowson and Son Ltd or Loglecdissol Limited and no claim has been served on either company.1.3 The Respondent was identified as The Widdowson Corporation Limited on correspondence sent by the Tribunal to the Claimant from October 2016 onwards. At no time did the Claimant inform the Tribunal that the name of the Respondent was wrong or needed to be changed.1.4 The Widdowson Corporation Limited was an existing entity at the time the original Judgment was entered against it. The original Judgment was sent to the parties on 20 May 2017.[2]Changing the name of the Respondent as requested by the Claimant is not the correction of a clerical mistake or an accidental slip and is therefore not suitable for correction under rule 69 of the Employment Tribunals Rules of Procedure 2013. _____________________________ Employment Judge Vernon Date 12 February 2018[1]In respect of the claim of unfair dismissal: a) Basic award - £1,456.00 b) Compensatory award, comprising: i) Loss of statutory rights - £450.00 ii) Loss of wages from 29 April 2016 to 7 March 2017, 45 weeks at £308.28 per week - £13,872.60 iii) Loss of wages from 7 March 2017 to 6 March 2019, £51.68 for 104 weeks - £5,374.72 iv) Loss of pension contributions from 29 April 2016 to 7 March 2017, £2.64 per week for 45 weeks - £118.80 v) Uplift for breaches of the ACAS Code by the Respondent - £4,841.53 Subtotal £24,207.65 vi) Applicable statutory cap under Section 124 of the Employment Rights Acts 1996 - £18,928.00 Case No: 2601566/2016 Page 2 of 2 Total Compensatory Award - £18,928.00 Total Award for unfair dismissal - £20,384.00 c) The Recoupment provisions do not apply to this award.[2]An award in respect of unpaid holiday pay in the sum of £145.60.[3]In respect of the claim of unlawful sex discrimination, compensation of £979.73.[4]An award in respect of unpaid wages in the sum of £1,383.20.[5]An award in respect of unpaid wages in the form of unpaid Statutory Sick Pay in the sum of £35.38.[6]In addition to the above, the Respondent is ordered to pay to the Claimant the issue fee of £250.00 and the Hearing fee of £950.00.