Mr D Knight and Mr J Forrest v Cowpe Electrical Services Ltd: 2406462/2022 and 2406093/2022
JUDGMENT
[1]The respondent made an unauthorised deduction from wages by failing to pay the claimant in lieu of accrued but untaken annual leave on termination of employment and is ordered to pay to the claimant this sum of £1,383.81 being the gross sum due.[2]The claimant’s remaining claims will proceed to the re-listed hearing on 20 January 2023. Case No. 2406462/2022 (combined with 2406093/2022) 2 _____________________________ Employment Judge McCarthy Date: 11 November 2022[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. 2406093/2022 (combined with 2406462/2022) 1 EMPLOYMENT TRIBUNALS Claimant: Mr J Forrest Respondent: Cowpe Electrical Services Limited Heard at: Liverpool Employment Tribunal (remotely, by CVP) On: 4 November 2022 and 20 January 2023 Before: Employment Judge McCarthy (sitting alone) REPRESENTATION: Claimant: In person Respondent: No one in attendance[1]The correct name of the respondent is Cowpe Electrical Services Limited.[2]The respondent made an unauthorised deduction from wages by failing to pay the claimant in lieu of accrued but untaken annual leave on termination of employment and is ordered to pay to the claimant the sum of £1344, being the gross sum due.[3]By consent, the claimant’s complaint for a redundancy payment is dismissed following the claimant’s withdrawal of this complaint at the hearing on 20 January 2023. Case No. 2406093/2022 (combined with 2406462/2022) 2