C Davidson v Henderson Pubs Ltd and B J Henderson: 2403680/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £576.55. Employment Judge Dunlop 4th December 2024 JUDGMENT SENT TO THE PARTIES ON 9th December 2024 ………………………………………………… AND ENTERED IN THE REGISTER ………………………………………………… FOR THE TRIBUNAL OFFICE Case No: 2403680/2024 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 ARTICLE 12 Case number: 2403680/2024 Name of case: Mr C Davidson v Hendersons Pubs Limited Interest is payable when an Employment Tribunal makes an award or determination requiring one party to proceedings to pay a sum of money to another party, apart from sums representing costs or expenses. No interest is payable if the sum is paid in full within 14 days after the date the Tribunal sent the written record of the decision to the parties. The date the Tribunal sent the written record of the decision to the parties is called the relevant decision day. Interest starts to accrue from the day immediately after the relevant decision day. That is called the calculation day. The rate of interest payable is the rate specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as the stipulated rate of interest. The Secretary of the Tribunal is required to give you notice of the relevant decision day, the calculation day, and the stipulated rate of interest in your case. They are as follows: the relevant decision day in this case is: 9 December 2024 the calculation day in this case is: 10 December 2024 the stipulated rate of interest is: 8% per annum. Paul Guilfoyle For the Employment Tribunal Office Case No: 2403680/2024 GUIDANCE NOTE[1]There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.[2]The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.[3]The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.[4]Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.[5]Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.[6]If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.[7]If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.[8]If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.[9]The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way. Case No: 2403680/2024 EMPLOYMENT TRIBUNALS Claimant: C Davidson Respondent: Henderson Pubs Limited UPON APPLICATION made by letters dated 30 and 31 January and 2 February 2025 to reconsider the judgment dated 4 December 2024 under rule 68 Employment Tribunals Rules of Procedure 2024, The judgment is revoked.[2]Case management directions will be sent to the parties. Employment Judge Dunlop 24 February 2025[1]The title is amended to show the correct name of the first respondent. The claim against the second respondent is dismissed.[2]The claim was presented in the Manchester Employment Tribunal on 6 July 2024. The respondent does not contest the claim and has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure.[3]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £442.46 gross (which includes any entitlement to outstanding holiday pay that he is owed). The claimant is responsible for the payment of any tax or National Insurance. Approved by: