Mr W Smulski and others v Knights of Dover Ltd: 2300443/2017 and others

EMPLOYMENT TRIBUNALS

Case No 2300443/2017, 2300455/2017, 2300500/2017

Venue Ashford

Hearing 18 September 2017 Representation Claimants: Mrs M Inkin, solicitor Assisted by Mr M Katz, interpreter in the Polish language Respondent: Did not attend

Between

Mrs M Inkin, solicitorClaimant

Did not attendRespondent

Before

Employment Judge Wallis

Date 18 September 2017

JUDGMENT

[1]The effect of the Tribunal’s letter of 12 September 2017 in which the responses were dismissed following the Respondent’s failure to comply with the Unless Order sent to the parties on 8 August 2017 was confirmed; The claims are well-founded;

[3]The Respondent is ordered to pay Mr Wenus £16,450 (gross) unpaid wages; £439 (net) notice pay; and £2,549.87 (net) holiday pay;

[4]The Respondent is ordered to pay Mr Smulski £22,450 (gross) unpaid wages; £506.63 (net) notice pay; and £4,074.26 (net) holiday pay;

[5]The Respondent is ordered to pay Mr Wojciak £16,450 (gross) unpaid wages; £291.28 (net) notice pay; and £1,445.77 (net) holiday pay;

[6]The Claimants have paid fees in connection with this claim. In R (on the application of UNISON) v Lord Chancellor

[2017] UKSC 51

the Supreme Court decided that it was unlawful for Her Majesty’s Courts and Tribunals Service (HMCTS) to charge fees of this nature. HMCTS has undertaken to repay such fees. In the circumstances I shall draw to the attention of HMCTS that this is a case in which fees have been paid and are therefore to be Case Numbers: 2300443/2017 2300455/2017 2300500/2017 refunded to the Claimants. The details of the repayment are a matter for HMCTS. NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2300443/2017, 2300455/2017 & 2300500/2017 Name of case(s): Mr W Smulski, v Knights Of Dover Ltd Mr R Wenus Mr I Wojciak 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: 18 October 2017 "the calculation day" is: 19 October 2017 "the stipulated rate of interest" is: 8% MRS COTTRELL-TOMLIN For the Employment Tribunal Office 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.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. September 2017