Ms C Berry v The Eye Site (Brierfield) Ltd: 2407083/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorized deduction from the claimant's wages and is ordered to pay the claimant £4500 NET ( being wages not paid between 1 March and 30 June 2023).[2]The respondent has failed to compensate the claimant for untaken annual leave of 8.5 days on termination of employment and is ordered to pay the claimant the sum of £637.50 NET.[3]The claimant was dismissed in breach of contract in not being provided with notice. Damages for breach of contract will be determined at a remedy hearing on 29 April 2024.[4]The claimant’s claim of unfair dismissal succeeds. Remedy for the claimant’s unfair dismissal will be determined at a remedy hearing on 29 April 2024.[5]Reference to NET in this judgment means that the respondent must account separately and additionally for any tax and national insurance liability so that it provides the claimant with the amounts ordered. Employment Judge Leach Date: 31 January 2024[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 Number: 2407083/2023 EMPLOYMENT TRIBUNALS Claimant: Ms C Berry Respondent: The Eye Site (Brierfield) LtdREASONS
[1]By a letter dated 8th November 2024 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because• You have not informed the Tribunal that you have applied to have the respondent restored to the register of companies, or if you have, you have not informed the Tribunal of the result;• The case has not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.