Miss M Hewitt v Oliver’s Barbers Manchester Ltd: 2406623/2022
[1]The correct name of the respondent is Oliver’s Barbers Manchester Limited and all claims against Oliver’s Hair by Haley Tompkinson are dismissed.[2]The claimant (17 years of age at the effective date of termination) was employed from the 1 May to 28 May 2022 when she was dismissed without notice. The respondent failed to provide the claimant with a statement of initial employment particulars in accordance with section 1 of the Employment Rights Act 1996 and it is just and equitable to award the claimant four weeks pay. The respondent is ordered to pay to the claimant compensation in the sum of £721.50 (seven hundred and twenty-one pounds fifty pence calculated at the minimum wage rate of £4.81 37.5 hours per week @ £180.38 multiplied by 4.)[3]The claimant’s claim of wrongful dismissal claim is well-founded and the respondent is ordered to pay to the claimant 1 weeks unpaid statutory notice in the sum of £180.38.[4]The respondent failed to pay the claimant any wages from 1 May 2022 to 28 May 2022. The claimant’s claim for an unlawful deduction of wages is well-founded Case Number: 2406623/2022 2 of 4 and the respondent is ordered to pay to the claimant four weeks’ net wages in the sum of £721.50 less lawful deductions.[5]The Claimant was entitled to 1.5 days holiday accrued at the effective date of termination and her claim for unpaid holidays is well-founded. The respondent is ordered to pay to the claimant unpaid holidays in the sum of £54.08 (daily rate of £36.07). . __________________________ Employment Judge Shotter 8.11.22 Judgement sent to the parties on: 14 November 2022 For the Tribunal: Case Number: 2406623/2022 3 of 4 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 ARTICLE 12 Case number: 2406623/2022 Name of case: Miss M Hewitt v Oliver’s Barbers Manchester 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: 14 November 2022 the calculation day in this case is: 15 November 2022 the stipulated rate of interest is: 8% per annum. Mr S Artingstall For the Employment Tribunal Office Case Number: 2406623/2022 4 of 4 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.