Mr I Kiyani v Project Re Ltd (formerly known as Seasons Re Ltd and as Glife Food Ltd): 3305815/2021
JUDGMENT
[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £4,453.85 as claimed by the claimant and admitted by the respondent. _____________________________ Employment Judge Talbot-Ponsonby Date: …20 May 2022……………….. Sent to the parties on: ……………..... ............................................................ For the Tribunal Office . Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.[2]Case No: 3305815/2021 11.6C Judgment – Reconsideration refused – claimant - rule 72 EMPLOYMENT TRIBUNALS Claimant: Mr Imran Kiyani Respondent: Project Re Limited (formerly known as Seasons Re Limited and as Glife Food Limited)[4]The claimant’s application dated 19 June 2022 for reconsideration of the judgment sent to the parties on 7 June 2022 is refused.REASONS
There is no reasonable prospect of the original decision being varied or revoked, for the following reasons:[1]By his application for reconsideration, the applicant states that a form COT3 was issued but that the respondent refused to complete it. He seeks:a. Compensation (unspecified) for stress (preamble and paragraph 1 of the application)b. Interest from 9 February 2021 (paragraph 2 of the application)c. a financial penalty as referred to in the COT3 guidance (paragraph 3 of the application)[2]I will consider these in order.[3]Paragraph 1: Although the Tribunal may make an award for compensation in respect of financial loss which is attributable to unlawful deductions from wages, there was no evidence before the Tribunal to support any such award for compensation. The Tribunal does not have jurisdiction to award Case No: 3305815/2021 11.6C Judgment – Reconsideration refused – claimant - rule 72 compensation for stress or other non financial suffering as is referred to in paragraph 1 of the claimant’s application.[4]Paragraph 2: Save in discrimination claims, the Tribunal cannot award past interest on sums awarded. Accordingly, the Tribunal cannot award interest from 9 February 2021 as requested but only from the date of the judgment.[5]Paragraph 3: As recorded in the preliminary hearing held on 22 November 2021 before Employment Judge Cassel, the claimant has accepted that there was no concluded COT3 agreement. Accordingly, the claim was for wrongful deductions of wages and not to enforce a COT3 agreement (which the Tribunal would not necessarily have had jurisdiction to do). It follows that no penalties can be awarded for failing to pay the sums due under a COT3 agreement that had not, in fact, been entered into.