Mr M Waite v Logic Lifting Ltd: 2410255/2022
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 failed to pay the claimant’s annual leave entitlement of 97.9hrs and is ordered to pay the claimant the gross sum of £939.84 (£408 gross weekly wage ÷ 5 days worked per week = £81.6 a day. £81.6 ÷ 8.5 hrs worked per day= £9.60 per hour. £9.60 X 97.9hrs =£939.84).[3]These sums are gross sums and should be paid in full by the respondent. The claimant is responsible for accounting to HMRC for any tax and national insurance due upon them.[4]No award is made in this judgment for the claim for an additional £1,070 for ‘time used to chase up money owed, contacting ACAS and having to miss a day’s work for the tribunal’. That claim appears to the Judge to potentially be a claim in relation to costs/preparation time under rules 74- 79 of the Employment Tribunal Rules of Procedure 2013 (“the ET Rules”). If the claimant wishes to make such a claim, he must make an application in writing to the Tribunal under rule 74 of the ET Rules no later than 28 days after this judgment is sent to the parties. He must copy that application to the respondent. The application must set out a breakdown of the costs/preparation time being claimed and explain why, having regard to rule 76 of the ET Rules, an order should be made in this case.