Employment Tribunals

Case No. 2400806/22 EMPLOYMENT TRIBUNALS Claimant: Mr C Smith Respondent: Aspire Developments Limited HELD AT: Liverpool ON: 8 August 2022 BEFORE: Employment Judge Ganner (sitting alone) REPRESENTATION: Claimant: Respondent: In person Did not attend JUDGMENT 1. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay him the gross sum of £1554.00 2. The respondent has failed to pay the claimant’s holiday entitlement for untaken holiday on termination of employment and is ordered to pay him the gross sum of £294.00 3. The total sum payable by the respondent to the claimant is £1848.00 4. The claimant is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded above. Employment Judge Ganner 8 August 2022 JUDGMENT SENT TO THE PARTIES ON 11 August 2022 FOR THE TRIBUNAL OFFICE Case No. 2400806/22 Notes 1. Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. 2. Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Case No. 2400806/22 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2400806/2022 Name of case: Mr C Smith v Aspire Developments Limited The Employment Tribunals (Interest) Order 1990 provides that sums of money payable as a result of a judgment of an Employment Tribunal (excluding sums representing costs or expenses), shall carry interest where the full amount is not paid within 14 days after the day that the document containing the tribunal’s written judgment is recorded as having been sent to parties. That day is known as “the relevant decision day”. The date from which interest starts to accrue is called “the calculation day” and is the day immediately following the relevant decision day. The rate of interest payable is that specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as "the stipulated rate of interest" and the rate applicable in your case is set out below. The following information in respect of this case is provided by the Secretary of the Tribunals in accordance with the requirements of Article 12 of the Order:- "the relevant judgment day" is: 11 August 2022 "the calculation day" is: 12 August 2022 "the stipulated rate of interest" is: 8% For the Employment Tribunal Office Case No. 2400806/22 1 EMPLOYMENT TRIBUNALS Claimant: Mr C Smith Respondent: Aspire Developments North West Limited UPON APPLICATION made by an e mail from the claimant dated 24 January 2023 to reconsider the Judgment sent to the parties on 8 August 2022, under rule 71 of the Employment Tribunals Rules of Procedure 2013. JUDGMENT 1. The identity of the respondent is amended to Aspire Developments North West Limited. 2. Having reconsidered the Judgment dated 8 August 2022 and substituted Aspire Developments North West Limited as the correct respondent, the judgment of the Tribunal is as follows: (1) The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay him the gross sum of £1554.00. (2) The respondent has failed to pay the claimant’s holiday entitlement for untaken holiday on termination of employment and is ordered to pay him the gross sum of £294.00. (3) The total sum payable by the respondent to the claimant is £1848.00. 3. The claimant is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded above. Employment Judge Ganner Date: 1 March 2023 Case No. 2400806/22 2 JUDGMENT SENT TO THE PARTIES ON 16 March 2023 FOR THE TRIBUNAL OFFICE Notes 1. Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. 2. Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Case No. 2400806/22 3 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 ARTICLE 12 Case number: 2400806/2022 Name of case: Mr C Smith v Aspire Developments North West Limited Interest is payable when an Employment Tribunal makes an award or determination requiring one party to proceedings to pay a sum of money to another party, apart from sums representing costs or expenses. No interest is payable if the sum is paid in full within 14 days after the date the Tribunal sent the written record of the decision to the parties. The date the Tribunal sent the written record of the decision to the parties is called the relevant decision day. Interest starts to accrue from the day immediately after the relevant decision day. That is called the calculation day. The rate of interest payable is the rate specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as the stipulated rate of interest. The Secretary of the Tribunal is required to give you notice of the relevant decision day, the calculation day, and the stipulated rate of interest in your case. They are as follows: the relevant decision day in this case is: 16 March 2023 the calculation day in this case is: 17 March 2023 the stipulated rate of interest is: 8% per annum. Mr S Artingstall For the Employment Tribunal Office Case No. 2400806/22 4 GUIDANCE NOTE 1. There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim. 2. The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day. 3. The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day. 4. Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day. 5. Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid. 6. If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part. 7. If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part. 8. If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded. 9. The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way.