Reserved Judgment vs Judgment

[Luketusa]

Hi all,

I had a case against company for unfair dismissal, which case was well founded. After first hearing I received a written "Reserved Judgement", with "complaint of breach of contract well founded", and "complaint of unauthorised deductions from wages well founded".
It stated a date for next hearing to determine "the basic award and compensation for unfair dismissal".
After the second hearing I received a written "Judgment" for unfair dismissal, and calculation for the money the Company should pay me.
However it was no money added from the previous "Reserved Judgement" for "breach of contract" and "unauthorised deductions from wages".
Now the Respondent doesn't want to pay this money saying it's a final Judgment, and Reserved Judgement does not apply. Could you please tell me, if I can receive the money as well from "Reserved Judgement", or what else I can do?

[ULA]

Normally a reserved judgment is a "temporary" judgment if you can call it that, in a sense that the tribunal has made a judgment based on all the information they have but will reserve their final judgment until they have had the chance to consider all the information which I assume was the reason for the second hearing.

On the reserved judgement did it state what the employer should pay you in terms of an award and by when or was it just that the complaints for breach of contract and unauthorised deduction of wages were well founded?

[Luketusa]

Hi Ula, thank you for your response.

[Luketusa]

Hi Ula, thank you for your response.
In "Reserved Judgement" the statement was:

"1. The complaint of breach of contract is well founded and (by consent) the
respondent shall pay to the claimant the agreed sum of £... net.
2. The complaint of unpaid accrued annual leave is dismissed upon withdrawal.
3. The complaint of unfair dismissal is well founded.
4. The complaint of unauthorised deductions from wages is well founded and the
respondent shall pay to the claimant the sums of £...
5. Unless the matter is resolved between the parties, there will be a remedies
hearing on ... to determine the basic award and compensation
for unfair dismissal."

But it was no date saying, when he needs to pay, as well I don't understand the "consent" in first paragraph.

After the second hearing I received the "Judgment"

"1. There will be a basic award to be paid by the respondent to the claimant,
calculated as follows:
2 x 1 x one week's gross pay
2. There will be a compensatory award to be paid by the respondent to the claimant,
calculated as follows:
... days at a daily rate of £...
Plus, loss of statutory rights: £...
The Polkey deduction does not have an effect because the claimant’s loss ended
before 3 months from ..., so there is no Polkey reduction.
The total monetary award is for unfair dismissal is £...
The recoupment provisions do not apply."

But the breach of contract sum and unauthorised deduction wasn't added to this Judgment.

Could you tell me what's my options?

[efpom]

Ask the tribunal to correct it's judgment to reflect the tribunal's decision(s)

[Luketusa]

Thank you for your answer.
Should I appeal from the decision, or should I ask to correct the decision? I have less than 2 weeks to appeal now, and after calling tribunal they said, it might take a month the Judge to respond.
I sent the email to tribunal regarding this matter, but if I lose my time to appeal, it might be no correction.
It's a bit weird that everything wasn't calculated in a final Judgment.
If I remember well Judge said that respondent should already pay, what was mentioned in the "Reserved Judgement" but after the hearing he is claiming now that Only the FINAL JUDGEMENT is valid, there will be no further payment.

[ULA]

Your question about "by consent" from my opinion is that the respondent has consented to pay you the agreed sum. However what concerns me is that you say there is no date for the payments to be made which is normal otherwise you have not point of reference to enforce non-payment.

Given the timescales you have and the backlog at the tribunals, who are mostly working on date order of correspondence including emails, if you have the time I would call the Tribunal and speak to someone to get clarification firstly on the payment for the reserved judgement. Be prepared to "sit" on the phone to get through.