Mr H Jogee v Greater Manchester Football Club Ltd: 2406566/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent 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 21 of the Rules of Procedure.[2]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1,180.00 (£905.00 x 2 months) for March and April 2022.[3]The hearing listed on 5 December 2022 is cancelled. Employment Judge McDonald Date: 24 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: 2406566/2022 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Climant: Mr H Jogee Respondent: Greater Manchester Football Club Limited CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Judgment sent to the parties on 28 November 2022, is corrected as set out in block type. For the avoidance of doubt, due to a typographical error, the gross sum payable was incorrectly stated to be “£1180.00 (£905.00 x 2)” rather than “£1810.00 (£905.00 x 2)”. Employment Judge McDonald Date: 21 December 2022 SENT TO THE PARTIES ON 22 December 2022 FOR THE TRIBUNAL OFFICE Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. Case No: 2406566/2022 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr H Jogee Respondent: Greater Manchester Football Club Limited[1]The respondent 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 21 of the Rules of Procedure.[2]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1,810.00 (£905.00 x 2 months) for March and April 2022.[3]The hearing listed on 5 December 2022 is cancelled.REASONS
[1]By a claim form dated 25 August 2022 the claimant claimed that the respondent had made unauthorised deductions from his wages in breach of s.13 of the Employment Rights Act 1996 by failing to pay his wages for April and May 2022. In his claim form he gave his monthly pay as £905.00 gross.[2]The claimant’s claim was sent to the respondent by the Tribunal on 1 September 2022. A response was required by 29 September 2022. None was received. On 18 October 2022 the Tribunal wrote to the respondent to say that because no response had been entered judgment may be issued against it under Rule 21 of the Employment Tribunal Rules 2013.[3]Rule 21 of the Employment Tribunal Rules 2013 says that where the respondent has failed to present a response an Employment Judge shall decide whether on the available material a determination can properly be made of the claim or part of it. To the extent that a determination can be made the Judge shall issue a Judgment (rule 21(2) and (3)).[4]In the case of Limoine v Sharma UKEAT/0094/19/RN the Employment Appeal Tribunal noted (at paragraph 25 of its Judgment) that rule 21(2) requires a Judge to decide whether on the available material a determination of the claim can properly be made. At paragraph 26 of its Judgment it said that the rule neither requires nor permits the Judge to enter judgment simply because the claim is undefended and without giving any further consideration to the matter. Instead, the Judge needs to be satisfied that a determination can properly be made. Otherwise there has to be a hearing. The EAT said that it seemed to it that the Judge needs to be satisfied “on the information contained in the claim form and any other documents or materials before them, and, in view of the claim being undefended, treating what the party advancing the claim says as undisputed fact, that the factual elements necessary to make good the claim in law are made out”. Case No: 2406566/2022 10.8 Reasons – rule 62(3) March 2017[5]Applying that approach to this case I find on the materials before me that the respondent made unlawful deductions from the claimant’s wages by failing to pay his wages for April and May 2022. Treating the claimant’s claim form as undisputed fact, I find he was entitled to gross wages of £905 per month and that he was not paid those wages for 2 months. The gross amount deducted is £1810.00. I give judgment in that gross amount on the basis that the claimant will be responsible for accounting for any relevant amounts to be deducted for tax and national insurance to the relevant authorities