Mrs J Belsey v Europcar Group Ltd — 2022

Mrs J Belsey applied for reconsideration of the judgment sent to the parties on 12 August 2022. She said she did not understand the decision, wanted a more detailed report, and considered that key points had been overlooked. Her main concern was why commission payments were included in the calculation of redundancy pay or pay during garden leave but not in the pay received during furlough.

Employment Judge Dobbie refused reconsideration under Rule 72(1) of the Employment Tribunals Rules of Procedure 2013, finding that there was no reasonable prospect of the original decision being varied or revoked. The judge held that the claimant had not identified a basis on which the interests of justice required reconsideration.

The reasons explained that it was not necessary to decide whether commission payments were contractual in order to resolve the furlough issue. Paragraphs 33 to 41 of the original judgment were said to show that there had been an express agreement during furlough for pay at 80% of basic pay only, with no commission, and that the claimant had agreed to that arrangement.

The tribunal further held that the furlough agreement applied only for the furlough period. Once furlough ended, the fixed arrangement no longer applied, so the later payment of commission was not inconsistent with the original decision. No monetary award was made in the reconsideration decision.