Miss A Tipsie v Bakereva Ltd: 2300835/2017
JUDGMENT
[1]The claim for unauthorised deduction of wages succeeds.[2]The Respondent will pay the Claimant:(i) Unpaid wages for the period 1 January to 7 February 2017 in the sum of £1762.82.(ii) Unpaid holiday pay in the sum of £1303.05.(iii) The Claimant’s total entitlement is therefore £3,065.87.[3]The Respondent’s counter-claim is dismissed.REASONS
[1]This is a claim of unauthorised deduction of wages, including holiday pay. The Respondent filed a fully argued response, but did not attend the hearing. After carrying out the usual checks, the Tribunal decided to proceed in its absence. It noted that the hearing date had been sent to the parties on 18 May 2017 and a voice message had been left by the Tribunal on the previous day, reminding the Respondent about the hearing date. 10.7 Judgment with reasons – rule 62 March 2017 Case No: 2300835/2017 Findings of fact[2]The Clamant was employed by the Respondent from 7 May 2016 until 7 February 2017. Her net pay was £1037 per month, with payment made in arrears at the end of the month.[3]At the start of February 2017, the Claimant found out that she had not been paid her January wages. She subsequently resigned on 7 February, so her claim was for the unpaid wages up until that date and accrued holiday pay. From the Response, it was apparent that this was not in issue. The Respondent alleged misconduct on the Claimant’s behalf (although there was no suspension or disciplinary process) and seemed to understand that this justified withholding her wages. Whatever the rights and wrongs of the Claimant’s conduct, it was not open to her employer simply to stop paying her.[4]The Respondent also wished to bring a counter-claim as follows: £1750 for money allegedly stolen by the Claimant, £365 for fitting new locks and £5,400 for lost sales. There was no basis for bringing these claims as a counter-claim in the employment tribunal and the counterclaim is dismissed. Calculations[5]The January wages were in respect of 186 hours at £8.50 per hour, which is £1581; the February wages were in respect of 37 hours at £8.50 per hour, which is £314.50, giving a total of £1,895.50. That is a gross figure. From the Claimant’s payslips, the average deduction each month was about 7%, which the Tribunal therefore applied to the gross figure, giving a total of £1762.82.[6]The Claimant’s evidence was that she did not take any holidays. Her statutory entitlement was 28 days per year and she was employed for 9 months, which means she was entitled to 21 days’ leave. Basing the calculation on a 7.3 hours days at £8.50 per hour (£62.05 per day), her entitlement was £1303.05 (payable as a gross figure). The Claimant’s total entitlement is therefore £3,065.87. The Claimant was not in receipt of benefits. NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2300835/2017 Name of case(s): Miss AN Tipsie v Bakereva 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: 27th September 2017 "the calculation day" is: 28th September 2017 "the stipulated rate of interest" is: 8% MISS C FREEMAN 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