Ms A Bowden v DTM Brickwork Ltd: 2400916/2020
Employment Tribunal
Published on 20 July 2020, 09:36
- Summary
- Employment Tribunal decision.
- categories
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breach-of-contract redundancy unlawful-deduction-from-wages working-time-regulations
- country
- england-and-wales
- decision date
- 2020-07-02
Official Documents
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Ms A Bowden v DTM Brickwork Ltd: 2400916/2020 - Rule 21
Change History
-
First published.
Full Decision Text
Raw text extracted from the official documents.
Case No:2400916/2020
4.17 Rule 21 judgment – universal template. September 2017
EMPLOYMENT TRIBUNALS
Claimant: Ms A Bowden
Respondent: DTM Brickwork Limited
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21
1. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1,509.78.
2. The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £1,870.90.
3. The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3,150.00.
4. The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £801.53.
_____________________________
Employment Judge Batten
2 July 2020
Case No:2400916/2020
4.17 Rule 21 judgment – universal template. September 2017
JUDGMENT SENT TO THE PARTIES ON
3 July 2020
FOR THE TRIBUNAL OFFICE
Case No:2400916/2020
4.17 Rule 21 judgment – universal template. September 2017
NOTICE
THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990
Tribunal case number: 2400916/2020
Name of case: Mrs A Bowden v DTM Brickwork 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: 3 July 2020
"the calculation day" is: 4 July 2020
"the stipulated rate of interest" is: 8%
MR S ARTINGSTALL
For the Employment Tribunal Office
Case No:2400916/2020
4.17 Rule 21 judgment – universal template. September 2017
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.
Related Parties
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