Mr F Graves v Aerial Services Scotland: 4107751/2019
JUDGMENT
No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 21:[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £6,800.[2]The hearing listed on 2 October 2019 is cancelled. Employment Judge: Rory McPherson Date of Judgement: 28 August 2019 Entered in register: 29 August 2019 And copied to parties EMPLOYMENT TRIBUNALS (SCOTLAND) Case Nos: 4107751/2019 Employment Judge: Rory McPherson Glasgow on 24 January 2020 (in Chambers) Mr F Graves Claimant Aerial Services Scotland Ltd Respondents RECONSIDERATION JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that[1]On reconsideration under Rule 70 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (the 2013 Rules), the judgment granted in terms of Rule 21 of the 2013 Rules, dated 28 August 2019 and sent to the parties on 28 August 2019 is revoked, on the basis of subsequent application for reconsideration; and The claimant’s claims are dismissed.REASONS
[3]A settlement has been agreed and confirmed as concluded through ACAS between the parties.[4]It being in the interests of justice to; extend the time limit in terms of Rule 5 of the 2013 Rules; to permit reconsideration of the original judgment dated 28 August 2019, in terms of Rule 70 of the 2013 Rules, without appointing a hearing. Said judgment having designed the respondents, Aerial Services Scotland Ltd, as Aerial Services Scotland. It now appearing, on the papers, that ACAS settlement had been ongoing and that the Tribunal was not notified of same. Absent such notification, judgment was granted in terms of Rule 21 of the 2013 Rules, dated 28 August 2019 and sent to the parties on 28 August 2019.[5]Further the subject matter of the claims having being resolved extrajudicially between the claimant and the respondent via ACAS, the claimant confirming on 11 December 2019 that the matter “is closed” and it being confirmed application for reconsideration was made on behalf of both parties dated 11 December 2019, it is in the interests of justice that reconsideration be granted and the claimant’s claims be dismissed as withdrawn. I confirm that this is my judgment or order in the case of F Graves v Aerial Services Scotland 4107751/2019 and that I have signed the order by electronic signature.