Mr K Farmer v Mr Mark Birtwistle: 2414909/2018
JUDGMENT
The respondent having failed to enter a response to the claim the judgment of the Tribunal is that:[1]The claimant’s complaint is amended to incorporate a claim of breach of contract.[2]The claimant’s complaints of unauthorised deduction from wages and breach of contract are well-founded.[3]The respondent is ordered to pay the claimant arrears of wages in the sum of £1023.98. That sum represents 138.75 hours at the national minimum wage.[4]In addition the respondent is ordered to pay the claimant the sum of £15.15 in respect of interest which he would have earned had the wages been paid.[5]Further the respondent shall pay the claimant the sum of £110 for breach of contract namely the failure to pay one half of the value of equipment which the claimant purchased and which the respondent has retained. Case No. 2414909/2018[6]For the avoidance of doubt the total sum awarded under this judgement is £1,149.23 _____________________________ Employment Judge Tom Ryan Date 24 October 2018[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 No. 2414909/2018 EMPLOYMENT TRIBUNALS Claimant: Mr K Farmer Respondent: Mr Mark Birtwistle Employment Judge Tom Ryan[1]The claimant’s complaint is amended to incorporate a claim of breach of contract.[2]The claimant’s complaints of unauthorised deduction from wages and breach of contract are well-founded.[3]The respondent is ordered to pay the claimant arrears of wages in the sum of £1023.98. That sum represents 138.75 hours at the national minimum wage.[4]In addition the respondent is ordered to pay the claimant the sum of £15.15 in respect of interest which he would have earned had the wages been paid.[5]Further the respondent shall pay the claimant the sum of £110 for breach of contract namely the failure to pay one half of the value of equipment which the claimant purchased and which the respondent has retained.[6]For the avoidance of doubt the total sum awarded under this judgement is £1,149.13 _____________________________ Employment Judge Date 9 January 2019 as amended by Certificate of Correction Case No. 2414909/2018