Mr F Mac-Ennin v B P & S Ltd: 2402197/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The complaint of unfair dismissal succeeds.[2]The respondent is ordered to pay to the claimant compensation of £16,459.79, including an additional award of 25% of the compensatory award for failure to comply with the ACAS Code of Practice on Discipline and Grievance.[3]The Recoupment Regulations apply to the award of compensation for unfair dismissal. The grand total of the award is £16,459.79. The prescribed element is £10,423.78. The period of the prescribed element is 20 December 2018 to 23 October 2019. The excess of the grand total over the prescribed element is £6036.01. The annex to this judgment explains the operation of the Recoupment Regulations.[4]The complaint of breach of contract succeeds but no damages are awarded since the claimant has been compensated for loss during the notice period as part of the compensatory award for unfair dismissal. Employment Judge Slater Date: 23 October 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: 2402197/19 Claimant Mr F Mac-Ennin Respondent B P & S Limited ANNEX TO THE JUDGMENT (MONETARY AWARDS) Recoupment of Benefits The following particulars are given pursuant to the Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996 No 2349. The Tribunal has awarded compensation to the claimant, but not all of it should be paid immediately. This is because the Secretary of State has the right to recover (recoup) any jobseeker’s allowance, income-related employment and support allowance, universal credit or income support paid to the claimant after dismissal. This will be done by way of a Recoupment Notice, which will be sent to the respondent usually within 21 days after the Tribunal’s judgment was sent to the parties. The Tribunal’s judgment states: (a) the total monetary award made to the claimant; (b) an amount called the prescribed element, if any; (c) the dates of the period to which the prescribed element is attributable; and (d) the amount, if any, by which the monetary award exceeds the prescribed element. Only the prescribed element is affected by the Recoupment Notice and that part of the Tribunal’s award should not be paid until the Recoupment Notice has been received. The difference between the monetary award and the prescribed element is payable by the respondent to the claimant immediately. When the Secretary of State sends the Recoupment Notice, the respondent must pay the amount specified in the Recoupment Notice to the Secretary of State. This amount can never be more than the prescribed element of any monetary award. If the amount is less than the prescribed element, the respondent must pay the balance to the claimant. If the Secretary of State informs the respondent that it is not intended to issue a Recoupment Notice, the respondent must immediately pay the whole of the prescribed element to the claimant. The claimant will receive a copy of the Recoupment Notice from the Secretary of State. If the claimant disputes the amount in the Recoupment Notice, the claimant must inform the Secretary of State in writing within 21 days. The Tribunal has no power to resolve such disputes, which must be resolved directly between the claimant and the Secretary of State. Case No. 2402197/2019 Code V 1 EMPLOYMENT TRIBUNALS Claimant: Mr F Mac-Ennin Respondent: B P & S Limited HELD AT: Manchester ON: 1 December 2020 BEFORE: Employment Judge Slater REPRESENTATION: Claimant: Respondent: Mr N Clarke, counsel Mrs J Horsfall, administrator UPON APPLICATION made by letter dated 8 November 2019 to reconsider the judgment under rule 71 Employment Tribunals Rules of Procedure 2013 sent to the parties on 28 October 2019. The “Code V” in the heading indicates that this was a remote hearing by video conference (CVP). Both parties were able to deal with matters remotely.[1]The judgment sent to the parties on 28 October 2019 is revoked.[2]The time limit for presenting a response is extended and the response received on 3 July 2020 is accepted. Case No. 2402197/2019 Code V 2[3]The case will proceed to a final hearing in accordance with the case management orders contained in a separate document.