Employment Tribunals

Case Number 2403365/2018 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Mr. D Halliday Network Installation Solutions Limited JUDGMENT OF THE EMPLOYMENT TRIBUNAL ON A PRELIMINARY HEARING HELD AT Liverpool on 11 April 2018 EMPLOYMENT JUDGE Warren Representation Claimant: in person Respondent: Mr S Perry, Operations Director JUDGMENT 1. The claim is well founded. The respondent has made unlawful deductions from the claimant’s wages. 2. The respondent is ordered to pay the claimant the sum of fifteen hundred and twenty five pounds and 95 pence (£1525.95). Case Number 2403365/2018 2 ______________________________ Employment Judge Warren Signed on 11 April 2018 Oral reasons having been given at the Hearing, written reasons may be requested within 14 days Judgment sent to Parties on 24 April 2018 Case Number 2403365/2018 3 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2403365/2018 Name of case(s): Mr D Halliday v Network Installation Solutions Ltd 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 decision day" is: 24 April 2018 "the calculation day" is: 25 April 2018 "the stipulated rate of interest" is: 8% MR I STOCKTON For the Employment Tribunal Office Case Number 2403365/2018 4 INTEREST ON TRIBUNAL AWARDS GUIDANCE NOTE 1. This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.justice.gov.uk/tribunals/employment/claims/booklets If you do not have access to the internet, paper copies can be obtained by telephoning the tribunal office dealing with the claim. 2. The Employment Tribunals (Interest) Order 1990 provides for interest to be paid on employment tribunal awards (excluding sums representing costs or expenses) if they remain wholly or partly unpaid more than 14 days after the date on which the Tribunal’s judgment is recorded as having been sent to the parties, which is known as “the relevant decision day”. 3. The date from which interest starts to accrue is the day immediately following the relevant decision day and is called “the calculation day”. The dates of both the relevant decision day and the calculation day that apply in your case are recorded on the Notice attached to the judgment. If you have received a judgment and subsequently request reasons (see ‘The Judgment’ booklet) the date of the relevant judgment day will remain unchanged. 4. “Interest” means simple interest accruing from day to day on such part of the sum of money awarded by the tribunal for the time being remaining unpaid. Interest does not accrue on deductions such as Tax and/or National Insurance Contributions that are to be paid to the appropriate authorities. Neither does interest accrue on any sums which the Secretary of State has claimed in a recoupment notice (see ‘The Judgment’ booklet). 5. Where the sum awarded is varied upon a review of the judgment by the Employment Tribunal or upon appeal to the Employment Appeal Tribunal or a higher appellate court, then interest will accrue in the same way (from "the calculation day"), but on the award as varied by the higher court and not on the sum originally awarded by the Tribunal. 6. ‘The Judgment’ booklet explains how employment tribunal awards are enforced. The interest element of an award is enforced in the same way. Case Number 2403365/2018 5 Case number 2403565/2018 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Mr. D Halliday Network Installation Solutions Limited UPON APPLICATION made by the respondent by letter dated 4 May 2018 to reconsider the judgement dated 11 April 2018 under rule 71 of the Tribunals Rules of Procedure 2013, and without a hearing, and WITH THE CONSENT of the claimant JUDGMENT ON RECONSIDERATION 1. The claim is well founded. The respondent has made unlawful deductions from the claimant’s wages. 2. The respondent is ordered to pay the claimant the sum of twelve hundred and sixty three pounds and 68 pence (£1263.68). ______________________________ Employment Judge Warren Signed on 20 July 2018 Judgment sent to Parties on 21 July 2018 Case number 2403565/2018 2 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2403365/2018 Name of case(s): Mr D Halliday v Network Installation Solutions Ltd 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 decision day" is: 21 July 2018 "the calculation day" is: 22 July 2018 "the stipulated rate of interest" is: 8% MRS L WHITE For the Employment Tribunal Office Case number 2403565/2018 3