Employment Tribunals

Case No. 2403516/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr E Liberal Respondents: R B Logistic Solutions Limited RULE 21 JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21 The time for presenting a response having expired , and no valid response having been presented by the respondent within the prescribed time limit , it is the judgment of the tribunal that: 1. The claimant’s complaint of failure to pay to the claimant an amount due to the claimant under regulation 14 (2) or regulation 16 (1) of the Working Time Regulations 1998 is well-founded in respect of 7 days untaken but accrued holiday (holiday pay) at the daily rate of £96.00, a total of £672.00 The respondent shall pay to the claimant the sum of £672.00 , this is a gross sum, and the claimant should account to HMRC for tax and national insurance (if any) due upon it. 2. The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent unlawfully deducted from payments due the sums of: 11 November 2019 to 24 November 2019 £360.00 25 November 2019 to 1 December 2019 £320.00 2 December 2019 to 8 December 2019 £480.00 9 December 2019 to 15 December 2019 £480.00 16 December 2019 to 22 December 2019 £480.00 23 December 2019 £ 80.00 Total wages due : £2200.00 Total sums deducted: £2200.00 The respondent is ordered to pay the claimant the said sum of £2200.00. This is a gross sum, and the claimant should account to HMRC for tax and national insurance (if any) due upon it. Case No. 2403516/2020 2 3. The claimant was dismissed without notice, and is entitled to one week’s notice pay, as damages for breach of contract. 1 week’s notice at £480.00 per week gross, net £396.00 The respondent is ordered to pay the claimant the sum of £396.00 as damages for breach of contract. This is a net sum, and the respondent should account for any tax and national insurance (if any) due upon it. Employment Judge Holmes Dated: 9 September 2020 JUDGMENT SENT TO THE PARTIES ON 11 September 2020 FOR THE TRIBUNAL OFFICE Case No. 2403516/2020 3 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2403516/2020 Name of case: Mr E Liberal v RB Logistic Solutions 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 decision day" is: 11 September 2020 "the calculation day" is: 12 September 2020 "the stipulated rate of interest" is: 8% MR S ARTINGSTALL For the Employment Tribunal Office Case No. 2403516/2020 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.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 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 No. 2403516/2020 Code V 1 EMPLOYMENT TRIBUNALS Claimant: Mr E Liberal Respondent: R B Logistic Solutions Limited Heard at: Manchester by CVP On: 26 April 2021 Before: Employment Judge Holmes REPRESENTATION: Claimant: Respondent: Mr Malahi, Employment Law Officer Ms Z Tahir, Solicitor JUDGMENT ON APPLICATION FOR RECONSIDERATION It is the judgment of the Tribunal that: 1.The respondent’s application for a postponement of the hearing is refused. 2.The respondent’s application for reconsideration of the judgment sent to the parties on 11 September 2020 is refused. Employment Judge Holmes Dated: 26 April 2021 JUDGMENT SENT TO THE PARTIES ON 27 April 2021 FOR THE TRIBUNAL OFFICE Note 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 (none was) or a written request is presented by either party within 14 days of the sending of this written record of the decision.