Mr C Nixon v NWMS Southern Division Ltd: 2415077/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant brought a claim on 3 December 2019 for unpaid wages against the respondent NWMS Facilities Services Limited which on 6 January 2020 changed its name to NWMS Southern Division Limited. The respondent failed to enter a Response to the claim. This judgment is entered under Rule 21 of the Employment Tribunals Rules of Procedure 2013.[2]The respondent has withheld pay and made unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £ 7860.25[3]The £ 7860.25 is made up as follows: wages from 22.7.29 – 15.10 19 12 weeks and 3 days @ £ 500 per week £ 6 300.00 Less wages received £ 2 159.75 £ 4 140.25 Plus Call out fees 15 @ £15 per call out £ 225.00 Plus Mileage from 23.7.19 – 28.8.19 7500 miles additional insurance costs £ 120.00 7500 @ 45pence per mile £ 3 375.00 ------------------------------------ Total ordered £ 7860.25 Case No 2415077/19 4.17 Rule 21 judgment – universal template. September 2017 EmploymentJudge Aspinall _____________________________ Date: 27 April 2020[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/publications/employment-tribunal-hearings-judgment-guide-t426 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 2415077-19 11.11 Judgment on reconsideration of rule 21 Judgment – hearing - rule 70 EMPLOYMENT TRIBUNALS Claimant: Mr Callum Nixon Respondent: 1. NWMS Southern Division Limited (11995801) 2. North West Maintenance Solutions Limited (10869995) in voluntary liquidation Heard at: Liverpool by CVP On: 30 June 2021 Before: Employment Judge Aspinall Representation Claimant: Mr P Nixon and Mrs Nixon (claimant’s parents) Respondents: no appearance by either respondent UPON APPLICATION made by letter dated 1 May 2020 to reconsider the judgment under rule 71 Employment Tribunals Rules of Procedure 2013 dated 27 April 2020 JUDGMENT on reconsideration[1]The judgment dated 27 April 2020 is varied to substitute the second respondent for the first respondent. The second respondent is in creditors voluntary liquidation from 25 February 2021 under Part IV Chapter IV Insolvency Act 1986. The liquidators are Jason Dean Greenhalgh and Paul Stanley of No 1 Old Hall Street Liverpool L3 9HF. This judgment will be served on them.[2]The second respondent was added to the claim on 8 December 2020 and served with the proceedings. It failed to enter a Response to the claim. This judgment is entered under Rule 21 of the Employment Tribunals Rules of Procedure 2013.[3]The second respondent has withheld pay and made unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £7860.25[4]The £ 7860.25 is made up as follows: wages from 22.7.29 – 15.10 19 12 weeks and 3 days @ £ 500 per week £ 6 300.00 Less wages received £ 2 159.75 £ 4 140.25 Case No 2415077-19 11.11 Judgment on reconsideration of rule 21 Judgment – hearing - rule 70 Plus Call out fees 15 @ £15 per call out £ 225.00 Plus Mileage from 23.7.19 – 28.8.19 7500 miles additional insurance costs £ 120.00 7500 @ 45pence per mile £ 3 375.00 ------------------------------------ Total ordered £ 7860.25