Mrs N Jain v WAWWA Ltd: 2402300/2020
JUDGMENT
The claimant’s claims for unlawful deduction from wages pursuant to Part II Employment Rights Act 1996 and for unpaid accrued holiday pursuant to the provisions of the Working Time Regulations 1998 succeed. The respondent is ordered to pay the claimant the sum of £1,340.44 consisting of the following; Unpaid wages: £802.79 Holiday pay: £537.65 Employment Judge Howard Date 16th March 2021 JUDGMENT SENT TO THE PARTIES ON 19 March 2021 FOR THE TRIBUNAL OFFICE Case No: 2402300/20 10.1 Judgment – no hearing - rule 60 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2402300/20 Mrs N Jain v Wawwa 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 decision day" is: 19 March 2021 "the calculation day" is: 20 March 2021 "the stipulated rate of interest" is: 8% MR S ARTINGSTALL For the Employment Tribunal Office Case No: 2402300/20 10.1 Judgment – no hearing - rule 60 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/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: 2402300/2020 EMPLOYMENT TRIBUNALS Claimant: Mrs N Jain Respondent: Wawwa LimitedREASONS
[1]The claimant brought a claim for unlawful deduction from pay and unpaid holiday on 19th March 2020.[2]It transpired that the respondent no longer operated from the premises upon which the claim was served and so it was re-sent to the registered office which was the respondent’s accountants.[3]Shortly thereafter, the respondent contacted the Tribunal and requested that the claim and any relevant paperwork be sent to its new premises at Pollard Yard M40 7QX. The claim was re-sent and the deadline for receipt of a response was 6th January 2021.[4]The respondent sent a response to the Tribunal. Unfortunately it was not received or acknowledged. The respondent emailed the Tribunal on 15th February 2021 seeking confirmation of receipt. The Tribunal replied on 5th March 2021 that there was no record of an ET3 being received.[5]On 16th March 2021, I determined the claim and issued a judgment under R21 ET(C&RP) Regulations 2013.[6]Upon receipt of the judgment, the respondent emailed the Tribunal attaching the ET3 and seeking clarification of the position. That email dated 19th March 2021 went unanswered. The respondent sent a further email on 1st April 2021 and finally sought a reconsideration of the judgment on 16th April 2021.[7]The application for reconsideration was made beyond the 14 day time limit, however I applied my case management powers under Rule 5, given the circumstances; that the respondent were managing a family illness and had been seeking clarification from the Tribunal and allowed the application to proceed.[8]I considered that there was a reasonable prospect of the judgment being varied or revoked and the matter was listed for a reconsideration hearing before me today.[9]Having heard from both parties and having had the benefit of reading all the correspondence on file, I accept that the respondent had submitted a Case No: 2402300/2020 response to the Tribunal. That response was not considered by me when I determined the claim and so it is clearly in the interests of justice for my judgment to be revoked and the matter proceed to a hearing in which both parties’ accounts can be given.[10]Following my decision, I listed the case for hearing and gave directions which will be sent to the parties separately. Employment Judge Howard DATE 6th July 2021[1]The claimant's claim for unlawful deduction from wages pursuant to section 13 Employment Rights Act 1996 and a failure to pay accrued but untaken holidays on termination of employment are determined as follows:(1) The claimant's claim that the amount of wages transferred on 17 December 2019 was £50 less than the amount on the salary slip is not well-founded and fails.(2) The claimant's claim for eight days’ holiday pay over the Christmas break in December 2019 is not well-founded and fails.(3) The claimant's claim that the respondent owes her pay for two days holiday on 3 and 6 January 2020 is not well-founded and fails.(4) The claimant’s claim for £5.45, alleging the respondent incorrectly calculated her daily salary rate for February 2020 is not well-founded and fails.(5) The claimant's claim for interest in relation to the late payment of salary is well-founded and succeeds. The claimant is entitled to interest in the sum of £32.72 payable by the respondent to the claimant within 14 days of the date of this Judgment. Case No. 2402300/2020 2[2]The respondent’s claim for a preparation time order under rule 76 of the Employment Tribunal Rules of Procedure 2013 is not well-founded and fails.