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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Shaw v Adecco UK Ltd [2003] NIIT 1700_00 (10 January 2003)
URL: http://www.bailii.org/nie/cases/NIIT/2003/1700_00.html
Cite as: [2003] NIIT 1700_, [2003] NIIT 1700_00
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- The decision of the tribunal on the applicant's complaint of sex discrimination was recorded in the register and issued to the parties on 29 July 2002. The tribunal awarded the applicant £6,000 for injury to feelings and £5,760 loss of earnings from the date of the termination of her employment.
- Regulation 3(1) of the Industrial Tribunal (Interest on Awards in Sex and Disability Discrimination Cases) Regulations (Northern Ireland) 1996 states as follows:-
- By letter dated 18 September 2002 the tribunal wrote to both parties informing them that the tribunal had omitted to include a statement as to interest in its decision and that it proposed to review its own decision to include interest pursuant to the Regulations.
- The respondent's representative wrote to the tribunal by letter dated 1 October 2002 confirming that it wished to make representations in respect of the tribunal's proposal to review its decision.
- Written representations were received from the respondent on 9 January 2003. Written submissions were received from the applicant on 10 January 2003. Both parties indicated that they would not be present at the hearing but wished the tribunal to take into account the written submissions.
- The respondent objected to the tribunal reviewing its decision of its own motion on the following grounds:-
- The proposal to review is outside the 14 day time limit stipulated by Rule 11(3)(a) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996 and no notice has been given that the tribunal has extended time for the review under Rule 15.
- It is not in the interests of justice that litigation should be able to be 're-opened long after the matter was concluded, in this case also after payment has been made by the respondent to the applicant'.
- The tribunal failed to indicate which of the five grounds in Rule 11(1) it was relying on in deciding to review its own decision.
- The defects in the Notice are such that the review cannot proceed.
- The tribunal considered that there was no substance to the respondent's objections. The wording of Regulation 3(1)(b) of the Industrial Tribunal (Interest on Awards in Sex and Disability Discrimination Cases) Regulations (Northern Ireland) 1996 is mandatory, and therefore it is in the interests of justice that the tribunal review its decision to comply with its statutory obligations. The tribunal made it clear in its letter to the parties dated 18 September 2002 what the reason was for its proposal to review the decision. It should have also been clear, although not stated explicitly, that the ground for the review was 11(1)(e), namely that 'the interests of justice require such a review'. Had the respondent been in any doubt, it could have written to the tribunal for clarification.
- The tribunal is not satisfied, nor has it been alleged that the respondent has been prejudiced by the tribunal's delay in proposing to review its decision by just over four weeks after the 14 day time limit for review has expired.
- By virtue of Rule 15 the tribunal extends the time for exercising its power under Rule 11(1) to 18 September 2002.
- The tribunal considers that under Regulation (3) of the Industrial Tribunal (Interest on Awards in Sex and Disability Discrimination Cases) Regulations (Northern Ireland) 1996 that interest should be awarded.
- Accordingly the tribunal makes the following calculation:-
CASE REF: 01700/00
APPLICANT: Leona Shaw
RESPONDENT: Adecco UK Limited
The unanimous decision of the tribunal is that the tribunal should review its decision dated 29 July 2002 of its own motion in order to include a statement as to interest pursuant to the Industrial Tribunal (Interest on Awards in Sex and Disability Discrimination Cases) Regulations (Northern Ireland) 1996. Accordingly the tribunal awards the applicant £2,684.00 interest.
Appearances:
The applicant did not appear nor did her representative.
The respondent did not appear nor did his representative.
"3 (1) Where, at any time after these Regulations come into operation a tribunal makes an award under the relevant legislation:-
(a) it may, subject to and in accordance with these Regulations include interest on any sums so awarded; and
(b) it shall consider whether to do so, without the need for any application by a party in the proceedings.
The tribunal omitted to consider whether it should include interest on the sums awarded.
(a) Injury to feelings £6,000
Interest at 8% per annum from October 1998 – 29 July 2002 £1.820
(b) Loss of earnings £5,760
Interest at 8% per annum from mid September 2000 (midpoint) –
29 July 2002 £ 864
Total amount of interest payable = £2,684
Chairman:
Date and place of hearing: 10 January 2003, Belfast
Date decision recorded in register and issued to parties: