Mr R Szaflik v The Widdowson Corporation Ltd: 2601567/2016

EMPLOYMENT TRIBUNALS
Case No 2601567/2016
Mr R SzaflikClaimantThe Widdowson Corporation Limited UPON the Tribunal having sent Judgment to the parties on 1 March 2017 AND UPON reading an email to the Tribunal dated 4 January 2018 from Mr S Kwiatkowski on behalf of the Claimant together with the documents attached to the said email AND UPON the Tribunal treating the said email dated 4 January 2018 as an application for the Tribunal to reconsider the Judgment dated 1 March 2017 under rule 71 of the Employment Tribunals Rules of Procedure 2013 and/or for a further corrected judgment under rule 69 of the Employment Tribunals Rules of Procedure 2013 AND without a hearingRespondent
Date 26 April 2018

JUDGMENT

[1]The Claimant’s application for reconsideration of the Judgment sent to the parties on 1 March 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 Judgment was sent to the parties on 1 March 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.1.2 The Claimant presented his claim naming the Respondent as “Widdowson Group Ltd”. The name of the Respondent was subsequently changed by 11.12 Judgment on reconsideration – no hearing - rules 70 and 73 Case No: 2601567/2016 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 for a significant proportion of the proceedings. 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 Judgment was entered against it. The Judgment was sent to the parties on 1 March 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.