Mrs Jane Bayliss v Jones Goodman Ltd and Mr Jamie Jones, Mrs Victoria Jones: 2402489/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 THE TIME for presenting a response having expired and no valid response having been presented, it is the judgment of the Tribunal that:[1]The claimant was employed by the first respondent, and upon withdrawal of her claims against the second respondent, the claimant’s claims against them are dismissed.[2]The claimant was dismissed by reason of redundancy, and she is entitled to a redundancy payment. She has over 20 years service, all the latter years being at over the age of 41, and she is entitled to a redundancy payment of 1.5 week’s pay for 20 years: 1.5 x 30 x £264.00 £7920.00 which sum the first respondent is ordered to pay her.[3]The claimant was dismissed without notice, and is she entitled to 12 week’s notice pay, as damages for breach of contract. Her net weekly pay was £204.00. 12 x £204 £2448.00 This is a net sum, which the first respondent is ordered to pay her, and the first respondent should account to HMRC for tax and national insurance (if any) due upon it.[4]The first respondent has made unauthorised deductions from the claimant's wages, in that she had worked a week in hand, for which she has not been paid a total Case No:2402489/2019 5.9 of £264-00 gross, £204.00 net, which sum the first respondent is ordered to pay the claimant, and to account to HMRC for the appropriate deductions for tax and national insurance.[5]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 first respondent shall pay to the claimant the sum of £907.95 in respect of 48 hours untaken but accrued holiday (holiday pay) at the rate of £6.18 per hour, based on a 33 hour week 48 x £6.18 = £296.64 £296.64 This is a gross sum, and the first respondent should account to HMRC for tax and national insurance (if any) due upon it.[6]The hearing listed for 14 August 2019 is cancelled. EMPLOYMENT JUDGE HOLMES DATED: 6 June 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-guidet426 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:2402489/2019 5.9 EMPLOYMENT TRIBUNALS Claimant: Mrs Jan Bayliss Respondent: (1)Jones Goodman Limited (2) Mr Jamie Jones and Mrs Victoria Jones CORRECTED JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21 THE TIME for presenting a response having expired and no valid response having been presented, it is the judgment of the Tribunal that:[1]The claimant was employed by the first respondent, and upon withdrawal of her claims against the second respondent, the claimant’s claims against them are dismissed.[2]The claimant was dismissed by reason of redundancy, and she is entitled to a redundancy payment. She has over 20 years service , all the latter years being at over the age of 41, and she is entitled to a redundancy payment of 1.5 week’s pay for 20 years : 1.5 x 30 x £264.00 £7920.00 which sum the first respondent is ordered to pay her.[3]The claimant was dismissed without notice, and is she entitled to 12 week’s notice pay, as damages for breach of contract. Her net weekly pay was £204.00. 12 x £204 £2448.00 This is a net sum, which the first respondent is ordered to pay her, and the first respondent should account to HMRC for tax and national insurance (if any) due upon it.[4]The first respondent has made unauthorised deductions from the claimant's wages, in that she had worked a week in hand, for which she has not been paid a total Case No:2402489/2019 5.9 of £264-00 gross , £204.00 net ,which sum the irst respondent is ordered to pay the claimant, and to account to HMRC for the appropriate deductions for tax and national insurance.[5]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 first respondent shall pay to the claimant the sum of £907.95 in respect of 48 hours untaken but accrued holiday (holiday pay) at the rate of £6.18 per hour, based on a 33 hour week 48 x £6.18 = £296.64 £296.64 This is a gross sum, and the first respondent should account to HMRC for tax and national insurance (if any) due upon it.[6]The hearing listed for 14 August 2019 is cancelled. EMPLOYMENT JUDGE HOLMES DATED : 6 June 2019