P Jarvis and others v Ashcroft Homecare Ltd: 2407769/2023 and others P Jarvis and others v Ashcroft Homecare Ltd: 2407769/2023 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent has failed to present a valid response on time in these four cases. The employment judge has decided that a determination can properly be made of the claim, in accordance with Rule 21 of the Rules of Procedure. Mr P Jarvis – 2407769/2023[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1226.25.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £1334.05.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1334.05.[4]The total amount payable by the respondent to this claimant is £3,894.35. Case No:2407769/2023 2407811/2023 2407816/2023 2408888/2023 Mrs E Matthews – 2407811/2023 1. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £768.55. 2. The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £384.25. 3. The total amount payable by the respondent to this claimant is £1152.80 Mrs J Gudgeon – 2407816/2023 1. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £824.56. 2. The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £288.00. 3. The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £403.20. 4. The total amount payable by the respondent to this claimant is £1515.76 Mrs A Bowman 2408888/2023[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross/net sum of £608.82.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £121.00.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2833.53[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £577.50.[5]The total amount payable by the respondent to this claimant is £4,140.85 Regional Employment Judge Franey 9 November 2023 Case No:2407769/2023 2407811/2023 2407816/2023 2408888/2023[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:2407769/2023 EMPLOYMENT TRIBUNALS Claimant: P Jarvis Respondent: Ashcroft Homecare Limited RECONSIDERATION JUDGMENT Employment Tribunals Rules of Procedure 2013 Upon reconsideration not contested by the respondent, the judgment sent to the parties on 13 November 2023 for this claimant and three others is varied so that the awards made to this claimant Mr P Jarvis are increased by the statutory redundancy payment set out in paragraph 4:[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1226.25.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £1334.05.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1334.05.[4]The claimant is entitled to a statutory redundancy payment in the sum of £969.21, representing 2 complete years of service aged over 41 on a gross weekly pay of £323.07.[5]The total amount payable by the respondent to this claimant is now £4,863.56. Case No:2407769/2023