Mrs J Akhtar v Mr Shafqat Ali T/a S K Lloyds Solicitors: 2401722/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The time for presenting a response having expired , and no valid response having been presented by the respondent within the prescribed time limit , it is the judgment of the tribunal that:[1]The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent unlawfully deducted payments due to the claimant in respect of 77 hours worked by her in September 2018, at the hourly rate of £ £9.34 , a total of £719.18 . The respondent is ordered to pay the claimant the said sum of £719.18 . This is a gross sum, and the respondent shall account to HMRC for the appropriate deductions for tax and national insurance, if any.[2]The claimant’s complaint of failure to pay to the claimant an amount due to the claimant under regulation 14 (2) or regulation 16 (1) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of £256.85 in respect of 27.5 hours untaken but accrued holiday (holiday pay) at the hourly rate of £9.34. This is a gross amount and the respondent shall be responsible for deducting any income tax and employee’s national insurance, if any, relating to it.[3]The respondent failed to provide the claimant with a written statement of particulars of her employment contrary to s.1 of the Employment Rights Act 1996, and the Tribunal makes an additional award, pursuant to s.38 of the Employment Act 2002, of four weeks pay, a week’s pay being £196.14 , a total of £256.85 .[4]The hearing listed for 24 May 2019 is cancelled. Case No.: 2401722/2019 2 Employment Judge Holmes Dated: 21 March 2019[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 No.: 2401722/2019 1 EMPLOYMENT TRIBUNALS Claimant: Mrs J Akhtar Respondent: Mr Shafqat Ali t/a S K Lloyds Solicitors Heard at: Manchester on: 20 June 2019 Before: Employment Judge Holmes (sitting alone) Representatives For the claimant: Mr Amos, Lay Representative For the respondent: Mr Ali, Solicitor.[1]The judgment sent to the parties on 26 March 2019 be varied so as to provide that:[2]The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent unlawfully deducted payments due to the claimant in respect of 77 hours worked by her in September 2018, at the hourly rate of £ £9.00 , a total of £693.00 . The respondent is ordered to pay the claimant the said sum of £693.00 . This is a gross sum, and the respondent shall account to HMRC for the appropriate deductions for tax and national insurance, if any.[3]The claimant’s complaint of failure to pay to the claimant an amount due to the claimant under regulation 14 (2) or regulation 16 (1) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of £247.50 in respect of 27.5 hours untaken but accrued holiday (holiday pay) at the hourly rate of £9.00. This is a gross amount and the respondent shall be responsible for deducting any income tax and employee’s national insurance, if any, relating to it.[4]Paragraph 3 of the original judgment is revoked. Case No.: 2401722/2019 2 Not by Consent:[5]Other than as set out above, by the agreement of the claimant, the respondent’s application for reconsideration is dismissed.