Mrs A Dixon v Upperby Social Club Ltd (in Receivership): 2408824/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the North West region of the Employment Tribunals on 10 November 2022. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of part of the claim, in accordance with rule 21 of the Rules of Procedure.[2]The claimant was dismissed as redundant when the respondent closed and is entitled to a redundancy payment from the respondent, in the sum of £1,824.00.[3]The remaining claims, for notice pay and holiday pay, shall be listed for a preliminary hearing to consider whether these complaints were presented in time, pursuant to the relevant statutory provisions for such. _____________________________ Employment Judge Batten Date: 9 May 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 Numbers: 2408824/22 & 2408825/2022 1 THE EMPLOYMENT TRIBUNALS Claimant:(1) Ms A Dixon Claimant(2) Mrs S Taylorson Respondent: Upperby Social Club Ltd (In Receivership) Heard at: Manchester Employment Tribunal By:-Telephone (having been converted from a CVP hearing due to IT issues) On: 19 September 2023 Before: Employment Judge Martin Representation: Claimants (1) & (2): Mr Collins (CAB representative) with both claimants in attendance Respondent: No attendance or representation Interested Party: Ms S Booth, of Mazars, Law of Property Act (LPA) Receiver[1]This Tribunal has determined that it has jurisdiction to hear both claimants’ claims for breach of contract (notice pay) and breach of the working time regulations (holiday pay).[2]The first claimant’s complaint for breach of contract (notice pay) is well founded and the respondent is ordered to pay the first claimant the sum of £1160.[3]The first claimant’s complaint for breach of the working time regulations (notice pay) is well founded and the respondent is ordered to pay the first claimant the sum of £172.90.[4]The second claimant’s claim for a redundancy payment is well founded and the respondent is ordered to pay the second claimant the sum of £1026. Case Numbers: 2408824/22 & 2408825/2022 2[5]The second claimant’s complaint for breach of contract (notice pay) is well founded and the respondent is ordered to pay the second claimant the sum of £684.[6]The second claimant’s claim for breach of the working time regulations is well founded and the respondent is ordered to pay the second claimant the sum of £109.25.REASONS
[1]Oral reasons were given at the hearing in respect the jurisdictional issue. The parties are entitled to apply for written reasons within fourteen days of the date when this judgment is sent to the parties. No Response having been filed by the Respondent, the Tribunal proceeded to issue Judgements under Rule 21 of Schedule 1 of the ETs (constitution and Rules of Procedure) Regulations 2013. ___________________________________ EMPLOYMENT JUDGE MARTIN