Mr C Turnbull v Datasec Education Digital Insight Ltd: 2302930/2017
JUDGMENT
[1]The Respondent has:-1.1 failed to make payment of holiday pay and is ordered the compensate the Claimant in the sum of £1,285.83;1.2 made unauthorised deductions from the Claimant’s wages and is ordered to compensate him in the sum of £2,653.31.[2]The Claimant is entitled to a redundancy payment in the sum of £2,250.50 The above sums totalling £6,189.64 are calculated net and kust be paid without deduction.REASONS
[1]The identity of the original two Respondents are the same: the company changed its name on 21 November 2016. The above is the proper name of the Respondent at today’s date.[2]I accepted that the Respondent telephoned the Claimant this morning to say it would not attend the hearing. I concluded it was in the interests of justice to hear the case in its absence. I had regard to its Response.[3]I took no account of the Respondent’s contention that the Claimant had been competing against it while still employed: I have no jurisdiction to consider such claims or counterclaims. Case Number: 2302930.2017[4]The Claimant’s original claim for unauthorised deductions was based on his wage slip. However, it appeared to have lumped the sums together and deducted tax and NI from all of them.[5]As a redundancy payment is tax free I have recalculated the sum due and give a Judgment in favour of the Claimant as set out above. NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2302930/2017 Name of case(s): Mr CA Turnbull v Datasec Digital Insight Limited & Others 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: 19 February 2018 "the calculation day" is: 20 February 2018 "the stipulated rate of interest" is: 8% MRS G COTZIAS 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