Miss L Howarth v Santi (UK) Ltd: 2302122/2017
JUDGMENT
The Respondent is ordered to pay the Claimant the sum of £1,173.56 without deduction as compensation for unauthorised deductions.REASONS
[1]The Claimant’s claim for unauthorised deductions/holiday pay was received on 11 August 2017. The Response, which denied liability and asserted payment in full in the sum of £211.37, was received on 15 September 2017.[2]I heard the Claimant and Mr Bains. I make the following findings:-2.1 The Claimant started her employment on 21 August 2016 and resigned without notice on 25 April 2017.2.2 She did not receive any holiday pay in the 2016/17 tax year, and which is also the Respondent’s leave year, and was only paid the above sum for the tax year 2017/18.[3]I treated the claim as one for a series of deductions under S.23 Employment Rights Act 1996 and made the following calculations. Holiday Year Net Earnings Due Paid Owed 2016 to 2017 £7397.13 £890.66 £0.00 £890.66 2017 to 2018 £2150.44 £259.56 £211.37 £48.19 Total due £938.85 Case Number: 2302122.2017[4]The Respondent accepted that it had not responded to the Claimant’s letter of complaint by inviting her to a grievance meeting. I concluded it was just and equitable in all the circumstances to award a 25% uplift, in the sum of £234.71, under S.207A Trade Union and Labour Relations (Consolidation) Act 199 for the wholesale failure of the Respondent to comply with its obligations.[5]I therefore make a total award, to be paid without deductions as it has been calculated net, in the sum of £1,173.56. NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2302122/2017 Name of case(s): Miss L Howarth v Santi (uk) 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: 4 January 2018 "the calculation day" is: 5 January 2018 "the stipulated rate of interest" is: 8% VALERIYA KACHANOVA 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