Employment Judge PeckMr D Bheemah (instructed by barrister) for claimantDate 27 April 2021
JUDGMENT
[1]The claimant’s claim in relation to holiday pay is dismissed upon withdrawal by the claimant. 2. By consent, it is ordered that the respondent make a payment to the claimant in the gross amount of £3,600 in relation to the claimant’s claims for unpaid wages (namely in respect of an underpayment of wages in February 2019 and a non-payment of wages for the period from 1 March 2019 – 15 April 2019). 3. The claimant’s claims of unfair dismissal and breach of contract (in relation to unpaid notice) and the respondent’s counter contract claim remain. Employment Judge Peck 12 February 2021[1]The “Code V” in the heading indicates that this hearing was held by way of the HMCTS “Cloud Video Platform”. Neither side requested an in person hearing and it was in accordance with the overriding objective to conduct the hearing by video conference call. Case No. 2405750/2019 Code V[2]Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.[3]Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Case No. 2405750/2019 Code V NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2405750/19 Miss F Davis v Computer Planet 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: 1 March 2021 "the calculation day" is: 2 March 2021 "the stipulated rate of interest" is: 8% MR S ARTINGSTALL For the Employment Tribunal Office Case No. 2405750/2019 Code V 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. 2405750/2019 Code V EMPLOYMENT TRIBUNALS Claimant: Miss F Davis Respondent: Computer Planet Limited HELD AT: Manchester (by CVP) ON: 11&12 February 2021 and 22&23 April 2021 BEFORE: Employment Judge Peck (sitting alone) REPRESENTATION: Claimant: Respondent: Mr D Bheemah (barrister) Mr A Barr (Director)[1]The respondent’s counter contract claim is dismissed upon withdrawal by the respondent.[2]The claimant’s claim for unpaid wages is dismissed upon withdrawal by the claimant.[3]The claimant’s claim for unfair dismissal is well-founded and succeeds.[4]The claimant’s wrongful dismissal claim is well-founded and succeeds.[5]The respondent unreasonably failed to follow the ACAS Code of Practice on Disciplinary and an uplift of 15% is awarded on compensation.[6]The dismissal was contributed to by the claimant’s actions, and the compensation is to be reduced by 50% in accordance with Sections 122(2) and 123(6) Employment Rights Act 1996.[7]No reduction is made to the compensation awarded to the claimant under Polkey v AE Dayton Services [1987].[8]The recoupment regulations apply.[9]The total award payable by the respondent to the claimant is £19,586.96, as follows:- Case No. 2405750/2019 Code Va. Basic award of £647.75 (50% of £1,295.49, being the claimant’s basic award calculated by reference to a gross weekly wage of £431.83).b. Loss of earnings of 2 weeks (£717.40) and 102 weeks and 4 days (£36,874.36) (in each case, by reference to a net weekly wage of £358.70) totalling £37,591.76.c.£300 in respect of loss of statutory rights.d. Less sums earned by way of mitigation in the amount of £4,954.e. ACAS uplift of £4,940.66.f. Less reduction for contributory fault of £18,939.21.[10]The recoupment regulations apply. The total monetary award is £19,586.96 (A). The prescribed element is £15,960.18 (B), being the part of the award attributable to past loss of earnings (£36,874.36 less £4,954) and with an appropriate % reduction to reflect contributory fault. The prescribed period is 6 May 2019 – 23 April 2021. The excess of A over B is £3,626.78.