Mr I Munro v Avocet IP Ltd: 2401360/2021
JUDGMENT
(1) The Tribunal has jurisdiction to hear the claim because: (a) The respondent is a UK based company registered at Companies House under company number: 11112409 and while the claimant resides in the United Arab Emirates, the Tribunal is satisfied that his employment relationship has a much stronger connection both with Great Britain and British employment law than with any other system of law. (b) The claimant was continuously employed by the respondent from 10 December 2018 until his effective date of termination on 20 November 2020 and did not transfer to Avocet Bio Solutions Plc in June 2019.(2) The complaint of unlawful deduction from wages contrary to section 23 Employment Rights Act 1996 was presented in time, is well founded and succeeds(3) The respondent shall pay to the claimant in accordance with section 24 Employment Rights Act 1996 compensation in respect of his successful complaint in the gross sum of £177,313.57 (One Hundred and Seventy-Seven Thousand, Three Hundred and Thirteen Pounds Fifty-Seven Pence). Case Number: 2401360/2021 2 Note: At the date of the hearing, the Tribunal noted that the respondent company had its application to strike off the Companies House register (company number: 11112409), dated 30 November 2021, suspended following an objection made on 8 February 2022. Although the Notice of Suspension is not clear, it is understood that this suspension will typically remain in place for a period of 6 months until a date in August 2022, and it will then be lifted or extended should the claimant or another make an appropriate application. _____________________________ Employment Judge Johnson Date: …14 March 2022…………… Sent to the parties on: 18 March 2022 For the Tribunal Office Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 2401360/2021 3 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2401360/2021 Name of case: Mr I Munro v Avocet IP Limited 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 judgment day" is: 18 March 2022 "the calculation day" is: 19 March 2022 "the stipulated rate of interest" is: 8% Mr S Artingstall For the Employment Tribunal Office Case Number: 2401360/2021 4 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.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 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 Number: 2401360/2021 EMPLOYMENT TRIBUNALS Claimant: Mr I Munro Respondent: Avocet IP LimitedREASONS
There is no reasonable prospect of the original decision being varied or revoked, because[1]Although the respondent’s representative has not formally requested that his emails be treated as application for reconsideration, it appears that he was effectively asking that reconsideration take place.[2]The Tribunal’s letter dated 1 April 2022 provided my summary of why the hearing 14 March 2022 should proceed in the absence of a respondent representative.[3]Mr Jennings has failed to provide any additional medical evidence in support of his application that reconsideration take place as requested by the Tribunal’s letter of 1 April 2022.[4]Mr Jennings is referred to my comments included in the Tribunal’s letter of 1 April 2022 and in the absence of any further relevant medical evidence being provided, I must conclude that it is not in the interests of justice to allow the application for reconsideration to proceed.