Mr A Ellis v Dannii Matthews Ltd: 2409656/2022
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 net sum of £1692.36.[3]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 £1,518.[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,518 (1 week’s pay for every complete year of service when claimant was aged between 22 and 41: 1 x 3 x £506 = £1,518).[5]The respondent has failed to pay the claimant’s accrued annual leave entitlement and is ordered to pay the claimant the gross sum of £508.14.[6]The claimant’s claim of unfair dismissal succeeds. The remedy to be awarded in relation to that claim will be determined at a remedy hearing on 10 May 2023 before any Employment Judge sitting alone with a time estimated of three hours. The respondent will be entitled to participate in that hearing only to the extent permitted by the Employment judge. Employment Judge Phil Allen Date: 11 April 2023[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: 2409656/2022 1 of 5 EMPLOYMENT TRIBUNALS Claimant: Mr A Ellis Respondent: Dannii Matthews Limited Heard at: Liverpool On: 10 May 2023 Before: Employment Judge Shotter Parties Claimant: in person Respondent: not in attendance[1]The respondent is ordered to pay compensation for unfair dismissal in the sum of £15,298.75 consisting of loss of earnings totalling £9169.75 gross (5 months and 1 week@ £1692.36 net per month), £3,600 net future loss of earnings from 7 March 2023 to 6 March 2024 (£300 per month differential), pension contributions totalling £330 (28 September 2022 to 7 March 2023) and loss of statutory rights in the sum of £500.00. The basis award has been subsumed by the statutory redundancy payment.[2]The Recoupment Regulations apply to the sum of £5923.08 as the claimant was in receipt of benefits during the relevant period when the prescribed element relates between 23 November 2022 to 6 March 2023. Case Number: 2409656/2022 2 of 5[3]The Recruitment Regulations do not apply to the other sums by way of past loss of earnings totalling £3246.67. .