Mr M Hayward v Press Metal (UK) Ltd — 2022

On the claimant’s application for reconsideration of the judgment dated 5 November 2021, Employment Judge Noons held that both parties agreed an incorrect figure had been used to calculate loss of earnings. The tribunal treated the claimant’s email as an application under Rule 71 of the Employment Tribunal Rules 2013 and, applying Rules 70 and 72, decided that a hearing was unnecessary because the parties agreed there had been an error and that the judgment should be varied.

The tribunal varied only the compensatory award element of the original decision. It recalculated loss of earnings on the basis of 12 months at £2,500, giving £30,000, less actual earnings of £21,388.09, resulting in loss of earnings of £8,611.91. The award for loss of statutory rights remained £524.

No future loss was awarded because the parties agreed that, had the claimant not been dismissed, his employment would have ended fairly on 30 September 2021. The original decision was otherwise confirmed; on the extracted text, the adjudicated claim is unfair dismissal and the reconsideration judgment does not identify any separate liability finding beyond that.