Samira Cookson v Hall Cleaning Services Limited — 2019

The tribunal had already given oral judgment on 20 March 2019 that the claimant, Samira Cookson, had been unfairly dismissed. Because there was not enough time to determine remedy at that hearing, a separate remedy hearing was listed for 14 May 2019. At that hearing the tribunal found that no pension documentation had been provided before it and ordered compensation for loss of employer pension contributions at 11% of salary from 15 May 2018 to 31 December 2018, calculated at £29.74 a week for 33 weeks within a total award of £5,279.99.

After the remedy judgment, the claimant applied for reconsideration and produced a Scottish Widows pension statement showing £320.83 a month, or £74.04 a week, during the relevant period. The respondent said there had also been pension overpayments totalling £6,737.43. The tribunal refused reconsideration, applying the reconsideration power in Rules 70 and 72 and the Ladd v Marshall principles, because the pension evidence could have been obtained earlier with reasonable diligence and it was not in the interests of justice to admit it after judgment. It confirmed the remedy decision and noted that finality in litigation was required.