Miss B Hogan v Not Guilty Food Co Ltd: 2602474/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Midlands East Employment Tribunals on 09 November 2022. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £670.20 gross.[3]The hearing listed on 10 February 2023 is cancelled.REASONS
[1]By email dated 20 February 2023, the respondent made an application for reconsideration of the Judgment dated 9 February 2023, which was sent to the parties on 20 February 2023.[2]I did not invite the claimant to respond before I considered my powers under rule 71(2) of the Employment Tribunals Rules of Procedure 2013 (the Rules).[3]Rule 72(1) provides for preliminary consideration of an application for reconsideration without the need to hold a hearing.[4]The application is to be rejected if it is considered that there is no reasonable prospect of the Judgment being varied or revoked. 11.6C Judgment – Reconsideration refused – claimant - rule 72 Case No: 2602474/2022[5]The basis of the reconsideration application is the interests of justice.[6]The respondent failed to present a response to the claim within the necessary time limits, and Judgment was given in favour of the claimant. I am satisfied that a determination could properly be made on the claim without the necessity of a hearing, in accordance with rule 21(2) of the Rules.[7]In the circumstances the application for a reconsideration of the judgment is rejected on the basis that there is no reasonable prospect of it being varied or revoked.[8]The application for reconsideration is therefore refused