Mr B Chesser v Ian Cowley T/a IC Law: 2402909/2017
JUDGMENT
The judgment of the Tribunal is that the claimant’s application to amend his claim to claim additional deductions from pay in accordance with S.13 of the Employment Rights Act 1996 is granted and the claimant’s claim is amended in accordance with the email sent to the Tribunal on 13 July 2017 will be treated as an amendment to the claim. Employment Judge Shotter Date 18.08.2017 JUDGMENT SENT TO THE PARTIES ON 25 August 2017 FOR THE TRIBUNAL OFFICE Case No. 2402909/17 1 EMPLOYMENT TRIBUNALS Claimant: Mr B Chesser Respondent: Ian Cowley t/a IC Law HELD AT: Liverpool ON: 15 December 2017 BEFORE: Employment Judge Shotter REPRESENTATION: Claimant: Respondent: In person Mr Howson, Consultant JUDGMENT The judgment of the Tribunal is that:[1]The respondent is the employer of the claimant. The claimant suffered an unlawful deduction of wages, and the respondent is ordered to pay to the claimant £2243.53 as damages for unlawful deduction of wages brought under Section 13 of the Employment Rights Act 1996 as amended.[2]The respondent did not issue the claimant with a written statement of terms and conditions of employment in accordance with S.1 of the Employment Rights Act 1996 and the respondent is ordered to pay to the claimant 4 weeks gross pay in the sum of £520.83 per week capped at £489.00 totalling £1956.00. . 15.12.17 Employment Judge Shotter[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.justice.gov.uk/tribunals/employment/claims/booklets 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. 2402909/2017 1 EMPLOYMENT TRIBUNALS Claimant: Mr B Chesser Respondent: Ian Cowley t/a IC Law HELD AT: Liverpool ON: 26 April 2018 BEFORE: Employment Judge Shotter REPRESENTATION: Claimant: Respondent: In person Mr A Murphy, consultant[1]The claimant’s application for a wasted costs order against Mr A Murphy is dismissed on withdrawal.[2]The respondent is ordered to pay to the claimant a contribution towards costs and a preparation time order in the sum of £1250.00. Employment Judge Shotter 26 April 2018