Cases→6005744/2024

Claimant v Ms J Ainley

20 February 2025Before Employment Judge RamsdenLondon Southon papers

Outcome

Claimant succeeds£39

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found on 20 January 2025 that the Respondent had made unauthorised deductions from the Claimant's wages contrary to section 13 of the Employment Rights Act 1996 in the sum of £39. The Respondent did not attend the hearing and the tribunal was satisfied it was reasonable to proceed. The claim was determined in the Claimant's favour.

Facts

This is a reconsideration judgment. The underlying case concerned a claim for unlawful deduction of wages of £39. The original hearing took place on 20 January 2025 where the Respondent did not attend despite having notice of the hearing since July 2024 and confirming in December 2024 that she wished it to proceed. The tribunal proceeded in her absence and found in the Claimant's favour. Both parties subsequently applied for reconsideration - the Respondent claiming it was not in the interests of justice to proceed in her absence, and the Claimant seeking amendments to the judgment regarding background details and removal of her name from quoted correspondence.

Decision

Employment Judge Ramsden refused both applications for reconsideration under Rule 70 of the ET Rules 2024. The Respondent's application was refused because there was no reasonable prospect of variation - she clearly knew of the hearing and chose not to attend. The Claimant's application was refused because the accuracy of press reporting of an accurate judgment does not warrant amendment of that judgment.

Practical note

A reconsideration application will be refused at the preliminary stage if there is no reasonable prospect of the judgment being varied or revoked, including where a party seeks to amend a judgment to address inaccurate press reporting.

Award breakdown

Unpaid wages£39

Legal authorities cited

Statutes

ERA 1996 s.13ET Rules 2024 Rule 69ET Rules 2024 Rule 70

Case details

Case number
6005744/2024
Decision date
20 February 2025
Hearing type
reconsideration
Hearing days
1
Classification
procedural

Respondent

Name
Ms J Ainley
Sector
—
Represented
No

Claimant representation

Represented
No
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