Mr S Carroll v JSA Property Management Ltd: 2408426/2022
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 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 £115.38 (£30,000 per annum divided by 52 weeks = £576.92, £576.92 divided by 5 days = £115.38) for non-payment of one day’s pay.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1,442.25 (£30,000 per annum divided by 52 weeks = £576.92, £576.92 divided by 5 days = £115.38 per day x 12.5 days = £ 1,442.25). Employment Judge Mcdonald Date: 9 March 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: 2408426/2022 EMPLOYMENT TRIBUNALS Claimant: Mr S Carroll Respondent: JSA Property Management Ltd CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the Rule 21 Judgment sent to the parties on 20 March 2023, is corrected by inclusion of the correct amounts awarded at paragraph 2. An amended version of the judgment is attached. Employment Judge McDonald Date: 11 August 2023 SENT TO THE PARTIES ON 24 August 2023 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: 2408426/2022 Claimant: Mr S Carroll Respondent: JSA Property Management Ltd[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 in accordance with rule 21 of the Rules of Procedure.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £2,249.91 (£30,000 per annum divided by 52 weeks = £576.92, £576.92 divided by 5 days = £115.38 per day x 19.5 days = £2,249.91).