Mr A Lower and others v First Hampshire and Dorset Ltd: 1405546/2020 and others
JUDGMENT
[1]The amounts properly payable to the Claimants for unauthorised deduction from wages should be calculated based on:a. Guaranteed minimum hours under their contracts of employment; andb. Their contractual basic rate of pay (not including unsocial hours payments or other premiums based on when work is done).[2]If the parties are unable to agree on the final calculation of remedy for each Claimant the matter will be determined at a further hearing, along with any other applications from the parties. Employment Judge Oliver Date: 23 February 2023 Judgment sent to the Parties: 24 March 2023 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 or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 1405546/2020 & 37 Others (See attached schedule) EMPLOYMENT TRIBUNALS Claimant: Mr A Lower & 37 Others (See attached schedule) Respondent: First Hampshire and Dorset Limited[1]That the Respondent shall pay to the Relevant Claimants the amount of the deductions made to their pay in contravention of section 13 of the Employment Rights Act 1996 identified in the attached Schedule of Deductions by reference to each Relevant Claimant.[2]For the avoidance of doubt the award made under this Consent Order is made only in respect of those Relevant Claimants listed in the Schedule of Deductions and no other Claimant in these proceedings or any other person shall be entitled to participate in such award. The Respondent makes no admissions of liability in respect of any other Claimant in these proceedings whose name and case number is not listed in the Schedule.[3]The awards shall be payable by the Respondent to the Claimants’ representative within 28 days of the date of this Consent Order.[4]The parties agree not to make any costs applications arising out of the matters referred to in this Order. _____________________________ Regional Employment Judge Pirani Date: 7 July 2023 1405546/2020 Adam Lower £ 1,583.40 1405591/2020 Andrea Malcolm £ 310.77 1405564/2020 Andrew Olszewski £ 255.30 1405582/2020 Andrew Smith £ 255.30 1405600/2020 Anthony Lampard £ 244.65 1405593/2020 Barry King £ 510.60 1405595/2020 David Ferguson £ 370.95 1405598/2020 Duggan Purdie £ 489.30 1405570/2020 Gary Broomfield £ 765.90[10]1405567/2020 Gavin Sainsbury £ 510.60[11]1405566/2020 Gurpreet Singh £ 170.46[12]1405594/2020 Hannah-Mae Kazi £ 472.54[13]1405581/2020 Iain Mclean £ 510.60[14]1405599/2020 Ian Rugman £ 255.30[15]1405584/2020 Jayne McCarthy £ 244.65[16]1405586/2020 Keith Bond £ 510.60[17]1405562/2020 Keven Pallett £ 489.30[18]1405601/2020 Loren Kenny £ 489.30[19]1405603/2020 Mark Motteram £ 489.30[20]1405573/2020 Matthew Baker £ 489.30[21]1405585/2020 Mathew Purdue £ 489.30[22]1405579/2020 Nachhattar Rai £ 510.60[23]1405604/2020 Nathan Cummins £ 489.30[24]1405605/2020 Paul Findlay £ 425.50[25]1405589/2020 Paul Green £ 510.60[26]1405569/2020 Peter Allen £ 510.60[27]1405547/2020 Robert Green £ 1,979.25[28]1405596/2020 Robert Symms £ 255.30[29]1405575/2020 Sam Nshemereirweh £ 310.77[30]1405602/2020 Simon Green £ 570.85[31]1405574/2020 Valentin-Sorin Labis £ 244.65[32]1405590/2020 Stephen Sennatt £ 255.30[33]1405578/2020 Thomas Devlin £ 510.60[34]1405576/2020 Tim Chappell £ 1,191.40[35]1405597/2020 Trevor Mpofu £ 621.54[36]1405571/2020 Victoria Upfield £ 510.60[37]1405563/2020 Wayne Owen £ 489.30[38]1405583/2020 Zoe Savin (née Bennett) £ 379.68 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 ARTICLE 12 Case number: 1405546/2020 & 37 Others Name of case: Mr A Lower & 37 Others v First Hampshire and Dorset 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 28 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. The Regional Employment Judge varies when interest starts to accrue to the 28th day 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: 10 July 2023 the calculation day in this case is: 7 August 2023 the stipulated rate of interest is: 8% per annum. Zara Kent For the Employment Tribunal Office 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-hearingsjudgment- 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 which the Regional Employment Judge has varied to 28 days from the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the 28th day 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 28th day after the relevant decision 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.