Mr P Cunningham v Excel Excavations Civils Ltd: 2402754/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £1,291.50 for the period 10 December 2018 to 19 December 2018.[2]The respondent failed to respond to the claimant’s request for payment and by the trade union representative by holding a grievance and accordingly the Tribunal uplifts the compensation pursuant to section 207A(2) and Schedule A2 of Trade Union and Labour Relations (Constitution) Act 1992 by 25%. I therefore order the respondent to pay the claimant the further sum of £322.87.[3]The claimant is owed 2.96 accrued but untaken holidays on termination of employment and I therefore order the respondent to pay the claimant the sum of £457.50.[4]The total sum of £2,071.87 must be paid by the respondent to the claimant within 14 days of the date of this Judgment. Employment Judge Ross _____________________________ Date: 19 November 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: 2402753/2019 EMPLOYMENT TRIBUNALS Claimant: Mr B Cunningham Respondent: Excel Excavations Civils Limited[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £1,291.50 for the period 12 November 2019 to 19 December 2018.[2]The respondent failed to follow the ACAS Code of Practice in holding a grievance to investigate the claimant’s requests to be paid made by the claimant and by his trade union representative. Accordingly, the Tribunal award a 25% uplift on the sums due of £322.87.[3]The claimant is owed 2.96 days accrued but untaken holiday on the termination of employment in the sum of £457.50.[4]The total sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £2,071.87.