Mr F M Fernandez Losada v Help at Home Services (UK) Ltd: 2302382/2016
JUDGMENT
[1]The correct name of the Respondent is Help At Home Services (UK) Ltd and the tribunal file shall be amended accordingly.[2]The Respondent has made unlawful deductions from the wages of the Claimant contrary to section 13 of the Employment Rights Act 1996 and the Respondent shall pay the Claimant arrears of wages amounting to £1655.00 net of tax.[3]The Claimant is entitled to damages for breach of his contract of employment in relation to the Respondent’s failure to give him one week’s notice of the termination of his employment, amounting to £400 net of tax.[4]In accordance with section 12(3) of the Employment Rights Act 1996 the Respondent has failed to supply the Claimant with itemised pay statements for April May June and July 2016, in breach of section 8 of the Employment Rights Act 1996.[5]The Respondent is ordered to pay to the Claimant the total fees he has paid for bringing his claims to the employment tribunal amounting to £480.00 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2302382/2016 Name of case(s): Mr FM Fernãndez Losada v Help at Home Service (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: 2 May 2017 "the calculation day" is: 3 May 2017 "the stipulated rate of interest" is: 8% MRS C GANGADEEN For the Employment Tribunal Office 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 decison 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.