Ms EC Manger v Julia Coffin and Maun Catering Ltd: 2602140/2019
JUDGMENT
[1]Employment Tribunals Rules of Procedure 2013 – Rules 21 & 52(1) The claim against respondent (1) – Julia Coffin – is dismissed upon withdrawal under rule 52.(2) Respondent (2) – Maun Catering Limited – made unauthorised deductions from the claimant’s wages and must pay her the sum of £200.14, which is how much was deducted. Employment Judge Camp 24th September 2019[2]Case No: 2602140/2019 11.12 Judgment on reconsideration – no hearing - rules 70 and 73 EMPLOYMENT TRIBUNALS Claimant: Edna Christine Manger Respondent: Maun Catering Limited t/as Berry Hill Deli On 10 October 2019 the Tribunal considered an email dated 24 September 2019 stating that the claim had been resolved and she wished to close the case, and considered emails dated 23 and 26 September 2019 from the Respondent stating that the case had resolved itself, and asking if the default judgment entered on 24 September 2019 could be therefore withdrawn The Tribunal understood the claimant’s email to be a request to mark the case as dismissed on withdrawal. The Tribunal understood the respondent’s email to be a request for reconsideration. The Tribunal issued the default judgment after receipt but before consideration of the claimant’s email. The Tribunal considered rules 71 and 73 of the Employment Tribunal’s Rules of Procedure 2013 and concluded a hearing is not necessary in the interests of justice, and that the parties had made clear their positions. It was not practicable for Employment Judge Camp to deal with the review and so Regional Employment Judge Swann authorised Employment Judge Adkinson to carry out the reconsideration. JUDGMENT[3]The judgment in default entered by Employment Judge Camp on 24 September 2019 is set aside. The claim is mark as dismissed on the claimant’s withdrawal.