Miss L Garlick v A Cartwright T/a Alison’s Alfresco: 2408484/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £2,600 within 14 days of the date of this judgment[2]The respondent has failed to pay the claimant’s accrued but untaken annual leave entitlement of 112 hours on termination of employment and is ordered to pay the claimant the gross sum of £1,064 within 14 days of the date of this judgment.[3]The claimant will be responsible for paying any tax liabilities arising out of the gross award if they receive the gross figure and tax is not deducted from source.[4]Consequently, the respondent must pay the claimant the total gross sum (of paragraphs 1 & 2 above), of £3,664. Employment Judge KM Ross Date: 21 February 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-guidet426 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. 2408484/2022 1 EMPLOYMENT TRIBUNALS Claimant: Miss L Garlick Respondent: Alison Cartwright trading as Alison’s Alfresco Heard at: Manchester (by CVP) On: 21 May 2024 Before: Employment Judge Ross REPRESENTATION: Claimant: In person Respondent: Mr P Cartwright, Claimant’s Husband[1]The judgment issued on 21 February 2024 and sent to the parties on 27 February 2024 is set aside because it is in the interests of justice to do so, the respondent not having received notice of the original claim.[2]The claim having been heard I determined that:-(i) The respondent has failed to pay the claimant 125.5 hours accrued but untaken holiday pay on termination of employment at the rate of £8.91 per hour pursuant to Regulation 16 Working Time Regulations 1998. The respondent is ordered to pay the claimant the gross sum of £1,118.20 within 14 days of the date of this Judgment.(ii) The respondent has made an unauthorised deductions from the claimant’s wages pursuant to Section 13 Employment Rights Act 1996 by failing to pay the claimant less than the relevant national minimum wage. The respondent is ordered to pay the claimant a total of £1,925.28. (736 hours for the year 10 March 2021 to 9 April 2022 and 272 hours for the year 10 March 2022 to 2 August 2022 .The difference Case No. 2408484/2022 2 in pay of National Minimum Wage of £8.91 minus £7.00 the hourly pay received is a loss of £1.91hourly.)[3]The claimant will be responsible for paying any tax liabilities arising out of the gross award.[4]Consequently the respondent must pay the claimant the sum of £3,043.48 within 14 days of the date of this judgment.