Ms S Murray v AEGC Ltd and K Hetherington T/a SP Catering: 2408301/2022
JUDGMENT
The JUDGMENT of the Tribunal is that upon the second respondent conceding that the claimant is owed holiday pay, the claimant’s claim for unpaid accrued holiday pay is well-founded and the second respondent is ordered to pay to the claimant the sum of £210 gross less lawful deductions of tax and national insurance. ________________________________ Employment Judge Shotter 8.9.23 Date: 8 September 2023 JUDGMENT SENT TO THE PARTIES ON Date: 18 September 2023 FOR THE TRIBUNAL OFFICE Case Number: 2408301/2022 2 of 3 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2408301/2022 Ms S Murray v 1. AEGC Ltd &[2]Kate Hetherington T/A SP Catering The Employment Tribunals (Interest) Order 1990 provides that sums of money payable as a result of a judgment of an Employment Tribunal (excluding sums representing costs or expenses), shall carry interest where the full amount is not paid within 14 days after the day that the document containing the tribunal’s written judgment is recorded as having been sent to parties. That day is known as “the relevant decision day”. The date from which interest starts to accrue is called “the calculation day” and is the day immediately following the relevant decision day. The rate of interest payable is that specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as "the stipulated rate of interest" and the rate applicable in your case is set out below. The following information in respect of this case is provided by the Secretary of the Tribunals in accordance with the requirements of Article 12 of the Order:- "the relevant decision day" is: 18 September 2023 "the calculation day" is: 19 September 2023 "the stipulated rate of interest" is: 8% Mr P Guilfoyle For the Employment Tribunal Office Case Number: 2408301/2022 3 of 3 INTEREST ON TRIBUNAL AWARDS GUIDANCE NOTE[1]This guidance note should be read in conjunction with the booklet, ‘The Judgment’ which can be found on our website at www.gov.uk/government/collections/employment-tribunal-forms If you do not have access to the internet, paper copies can be obtained by telephoning the tribunal office dealing with the claim.[2]The Employment Tribunals (Interest) Order 1990 provides for interest to be paid on employment tribunal awards (excluding sums representing costs or expenses) if they remain wholly or partly unpaid more than 14 days after the date on which the Tribunal’s judgment is recorded as having been sent to the parties, which is known as “the relevant decision day”.[3]The date from which interest starts to accrue is the day immediately following the relevant decision day and is called “the calculation day”. The dates of both the relevant decision day and the calculation day that apply in your case are recorded on the Notice attached to the judgment. If you have received a judgment and subsequently request reasons (see ‘The Judgment’ booklet) the date of the relevant judgment day will remain unchanged.[4]“Interest” means simple interest accruing from day to day on such part of the sum of money awarded by the tribunal for the time being remaining unpaid. Interest does not accrue on deductions such as Tax and/or National Insurance Contributions that are to be paid to the appropriate authorities. Neither does interest accrue on any sums which the Secretary of State has claimed in a recoupment notice (see ‘The Judgment’ booklet).[5]Where the sum awarded is varied upon a review of the judgment by the Employment Tribunal or upon appeal to the Employment Appeal Tribunal or a higher appellate court, then interest will accrue in the same way (from "the calculation day"), but on the award as varied by the higher court and not on the sum originally awarded by the Tribunal.[6]‘The Judgment’ booklet explains how employment tribunal awards are enforced. The interest element of an award is enforced in the same way. Case Number: 2408301/2022 EMPLOYMENT TRIBUNALS Claimant: Ms S Murray Respondent: Kate Hetherington t/a S&P CateringREASONS
[1]By a letter dated 18 April 2024 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because• it has not been actively pursued.[2]The respondent 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 response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. Employment Judge Phil Allen 20 May 2024[1]The complaint of automatically unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[3]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay in accordance with section 38 Employment Act 2002.[4]The complaints of harassment related to age are well-founded and succeed. Case No: 2408301/2022[5]The following complaints of direct age discrimination are well-founded and succeed (as they are not pursued as claims of harassment):(1) On 23 July 2022 Mr Porter made derogatory comments about hitting women and having a disdain for women’s rights.(2) Reducing the claimant’s hours from twenty-five from early July 2022.(3) Subjecting the claimant to the disciplinary process on 15 August 2022 via letter inviting her to a disciplinary meeting.(4) On 14 July 2022 asking the claimant’s colleague, Leanne James, to raise allegations of bullying and harassment against the claimant.(5) Terminating the claimant’s employment on or around 29 August 2022.(6) On 18 August 2022 Mr Porter tried to persuade the claimant to drop her formal grievance against the respondent.(7) The claimant’s hours were reduced from the start of August 2022.[6]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages.[7]The complaint of breach of contract in relation to notice pay is well-founded. The compensation for four weeks’ notice pay has been awarded as part of the loss of earnings claim rather than as a separate award of notice pay.REMEDY
[8]The respondent shall pay the claimant the total judgment sum of £44,766.34. This is inclusive of interest and has been grossed up for tax. The total judgment sum is made up of the following items:(1) Injury to feelings £15,000(2) Interest on injury to feelings award at 8%1 £2446(3) Basic award £1575(4) Loss of statutory rights £450(5) Loss of earnings (net) to 18 November 2024 £15,194.88(6) Future loss of earnings (net) £1503.06(7) Interest on past loss of earnings at 8%2 £1235.57(8) ACAS uplift on compensation at 25% £4174.48REMEDY
[1]Interest on compensation for injury to feelings calculated in accordance with the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996[2]Interest on compensation for past financial losses calculated in accordance with the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996: Case No: 2408301/2022 (9) 4 weeks pay for failure to provide written statement of employment particulars £1033.40 (10) Unauthorised deductions from wages £380.63 Total before grossing up £42,993.02 Grossed up/adjusted for tax £44,766.34