Mr T Willox v AAO UK Services Ltd: 2411939/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The judgment of the Tribunal is that:[1]The claimant’s claim for unpaid wages is well-founded and I order the respondent to pay the claimant £4,583.33 (wages for August 2023) and £2,837.30 (wages for September 2023) totalling £7,420.63.[2]The claimant’s claim for one week’s notice pay is well-founded and I order the respondent to pay the claimant one week’s pay of £1,057.69 (gross).[3]The claimant’s claim for accrued but untaken holidays in the sum of £227.47 (gross) is well-founded.[4]The total payable by the respondent to the claimant within 14 days of the date of this Judgment is £7,705.79 (gross).[5]The claimant’s complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act are well-founded. The Tribunal orders the respondent by way of protective award under section 189(3) of the 1992 Act to pay the claimant, who was dismissed for redundancy between 14-30 September 2023 a payment equivalent to Case No. 2411939/2023 2 remuneration for the period of 30 days beginning on 30 September 2023. The Recoupment Regulations apply. Employment Judge K M Ross _____________________________ Date: 29 May 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-hearingsjudgment- 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. 2411939/2023 5 ANNEX TO THE JUDGMENT (PROTECTIVE AWARDS) Recoupment of Benefits The following particulars are given pursuant to the Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996 No 2349. The respondent is under a duty to give the Secretary of State the following information in writing:(a) the name, address and National Insurance number of every employee to whom the protective award relates; and(b) the date of termination (or proposed termination) of the employment of each such employee. That information shall be given within 10 days, commencing on the day on which the Tribunal announced its judgment at the hearing. If the Tribunal did not announce its judgment at the hearing, the information shall be given within the period of 10 days, commencing on the day on which the relevant judgment was sent to the parties. In any case in which it is not reasonably practicable for the respondent to do so within those times, then the information shall be given as soon as reasonably practicable thereafter. No part of the remuneration due to an employee under the protective award is payable until either (a) the Secretary of State has served a notice (called a Recoupment Notice) on the respondent to pay the whole or part thereof to the Secretary of State or (b) the Secretary of State has notified the respondent in writing that no such notice is to be served. This is without prejudice to the right of an employee to present a complaint to an Employment Tribunal of the employer’s failure to pay remuneration under a protective award. If the Secretary of State has served a Recoupment Notice on the respondent, the sum claimed in the Recoupment Notice in relation to each employee will be whichever is the less of: (a) the amount (less any tax or social security contributions which fall to be deducted by the employer) accrued due to the employee in respect of so much of the protected period as falls before the date on which the Secretary of State receives from the employer the information referred to above; OR (b) (i) the amount paid by way of or paid as on account of jobseeker’s allowance, income-related employment and support allowance or income support to the employee for any period which coincides with any part of the protected period falling before the date described in (a) above; or (ii) in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the period to which the prescribed element is attributable, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the period to which the prescribed element is attributable. Case No. 2411939/2023 6 The sum claimed in the Recoupment Notice will be payable forthwith to the Secretary of State. The balance of the remuneration under the protective award is then payable to the employee, subject to the deduction of any tax or social security contributions. A Recoupment Notice must be served within the period of 21 days after the Secretary of State has received from the respondent the above-mentioned information required to be given by the respondent to the Secretary of State or as soon as practicable thereafter. After paying the balance of the remuneration (less tax and social security contributions) to the employee, the respondent will not be further liable to the employee. However, the sum claimed in a Recoupment Notice is due from the respondent as a debt to the Secretary of State, whatever may have been paid to the employee, and regardless of any dispute between the employee and the Secretary of State as to the amount specified in the Recoupment Notice. Case No: 2411939/2023 EMPLOYMENT TRIBUNALS Claimant: Mr T Willox Respondent: AAO UK Services Limited CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under Rule 69, the judgment sent to the parties on 3 June 2024 is corrected as set out in block type at paragraph 4 of the corrected judgment. _____________________________ Employment Judge KM Ross _____________________________ Date 6 June 2024 SENT TO THE PARTIES ON 11 June 2024 FOR THE TRIBUNAL OFFICE Important note to parties: Any dates for asking for written reasons, applying for reconsideration or appealing against the judgment are not changed by this certificate of correction and corrected judgment. These time limits still run from the date the original judgment or reasons were sent, as explained in the letter that sent the original judgment. Case No: 2411939/2023 EMPLOYMENT TRIBUNALS Claimant: Mr T Willox Respondent: AAO UK Services Limited Heard at: Manchester On: 23 May 2024 (in Chambers) Before: Employment Judge K M Ross REPRESENTATION: Claimant: Not in attendance Respondent: Not in attendance[1]The claimant’s claim for unpaid wages is well-founded and I order the respondent to pay the claimant £4,583.33 (wages for August 2023) and £2,837.30 (wages for September 2023) totalling £7,420.63.[2]The claimant’s claim for one week’s notice pay is well-founded and I order the respondent to pay the claimant one week’s pay of £1,057.69 (gross).[3]The claimant’s claim for accrued but untaken holidays in the sum of £227.47 (gross) is well-founded.[4]The total payable by the respondent to the claimant within 14 days of the date of this Judgment is £8,705.79 (gross).[5]The claimant’s complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act are well-founded. The Tribunal orders the respondent by way of protective award under section 189(3) of the 1992 Act to pay the claimant, who was dismissed for redundancy between 14-30 September 2023 a payment equivalent to Case No: 2411939/2023 remuneration for the period of 30 days beginning on 30 September 2023. The Recoupment Regulations apply.