Mr D Watmore and Others v Una Mas Chorlton Ltd: 2400749/2024 and Others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time for the claims brought by Mr D Watmore, Mr T Nelson or Ms J Lewis Ward. The Employment Judge has decided that a determination can properly be made of the claim in accordance with rule 21 of the Rules of Procedure.[2]The figures below are awarded in gross sums. The claimants should be aware that they may receive less than these amounts if the respondent accounts for statutory deductions before satisfying the awards. If the respondent pays the claimants the gross figures, then each claimant may need to satisfy any tax burdens individually from that award. Mr D Watmore[3]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £1,615.38 (weekly pay £538.46 x underpayment of 3 weeks contractual notice = £1,615.38). Mr T Nelson[4]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £1,846.15 (weekly pay £615.38 x underpayment of 3 weeks contractual notice = £1,846.15). Ms J Lewis Ward Case No:2400749/2024 2400750/2024 2400751/2024[5]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £1,384.61 (weekly pay £461.53 x underpayment of 3 weeks contractual notice = £1,384.61).[6]The hearing listed on 21 May 2024 is cancelled. _____________________________ Employment Judge M Butler 15 April 2024[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.gov.uk/government/collections/employment-tribunal-forms 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. Case No:2400749/2024 2400750/2024 2400751/2024 EMPLOYMENT TRIBUNALS Claimants: Mr D Watmore Mr T Nelson Ms J Lewis Ward Respondent: Una Mas Chorlton Limited[1]The respondent has failed to present a valid response on time for the claims brought by Mr D Watmore, Mr T Nelson or Ms J Lewis Ward. The Employment Judge has decided that a determination can properly be made of the claim in accordance with rule 21 of the Rules of Procedure.[2]The figures below are awarded in gross sums. The claimants should be aware that they may receive less than these amounts if the respondent accounts for statutory deductions before satisfying the awards. If the respondent pays the claimants the gross figures, then each claimant may need to satisfy any tax burdens individually from that award. Mr D Watmore[3]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £1,615.38 (weekly pay £538.46 x underpayment of 3 weeks contractual notice = £1,615.38). Mr T Nelson[4]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £1,846.15 (weekly pay £615.38 x underpayment of 3 weeks contractual notice = £1,846.15). Ms J Lewis Ward Case No:2400749/2024 2400750/2024 2400751/2024[5]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £1,384.61 (weekly pay £461.53 x underpayment of 3 weeks contractual notice = £1,384.61).[6]The hearing listed on 21 May 2024 is cancelled. _____________________________ Employment Judge M Butler 15 April 2024[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.gov.uk/government/collections/employment-tribunal-forms 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. Case No: 2400749/2024 EMPLOYMENT TRIBUNALS Claimant: Mr D Watmore Respondent: Una Mas Chorlton LimitedREASONS
[1]By a letter dated 16 February 2024, the Tribunal gave the claimant an opportunity to make representations as to why the claim for a redundancy payment should not be struck out because• the claimant has insufficient service with the respondent to bring such a claim, so the Tribunal does not have jurisdiction to hear it.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.[3]The claimant’s other claims are not affected by this judgment.