Mr C Astles v Cost Effective Communications Ltd: 2415289/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 THE TIME for presenting a response having expired and no valid response having been presented, it is the judgment of the Tribunal that:[1]The claimant’s complaint of failure to pay to the claimant an amount due to the claimant under regulation 14 (2) or regulation 16 (1) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of £865.38 in respect of 10 days untaken but accrued holiday (holiday pay) at the rate of £432.69 per week. This is a gross sum, and the claimant should account to HMRC for tax and national insurance (if any) due upon it.[2]The hearing listed for 15 July 2022 is cancelled. Employment Judge Holmes Date: 29 March 2022 Sent to the parties on: 1 April 2022 For the Tribunal: Case Number: 2415289/2021 2 of 3 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2415289/2021 Name of case: Mr C Astles v Cost Effective Communications Ltd The Employment Tribunals (Interest) Order 1990 provides that sums of money payable as a result of a judgment of an Employment Tribunal (excluding sums representing costs or expenses), shall carry interest where the full amount is not paid within 14 days after the day that the document containing the tribunal’s written judgment is recorded as having been sent to parties. That day is known as “the relevant decision day”. The date from which interest starts to accrue is called “the calculation day” and is the day immediately following the relevant decision day. The rate of interest payable is that specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as "the stipulated rate of interest" and the rate applicable in your case is set out below. The following information in respect of this case is provided by the Secretary of the Tribunals in accordance with the requirements of Article 12 of the Order:- "the relevant judgment day" is: 1 April 2022 "the calculation day" is: 2 April 2022 "the stipulated rate of interest" is: 8% Mr S Artingstall For the Employment Tribunal Office Case Number: 2415289/2021 3 of 3 INTEREST ON TRIBUNAL AWARDS GUIDANCE NOTE[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 Number: 2415289/2021 1 of 4 EMPLOYMENT TRIBUNALS Claimant: Mr C Astles Respondent: Cost Effective Communications Ltd[1]BY CONSENT the judgment of the Tribunal sent to the parties on 1 April 2022 is reconsidered, and is revoked.[2]The claims will be heard by an Employment Judge sitting alone on 15 November 2022 at Manchester Employment Tribunal , Alexandra House, 14-22 The Parsonage, Manchester, M3 2JA at 10.00 listed for three hours.[3]Sending evidence to each other before the hearing 3.1Not less than 35 days before the final hearing the claimant must send to the respondent by email or in writing: 3.2A written document saying how much money the claimant says is owed by the respondent and how it is calculated. The Tribunal calls this a Schedule of Loss. 3.3Copies of any documents relevant to the case which will help the Judge decide what money (if any) is owed. “Documents” includes paperwork like letters, contracts of employment and pay slips/P45/P60. It also includes emails and social media communications like text messages, WhatsApp messages or Facebook posts. It also includes any audio or video recordings. You have to send the paperwork to the respondent even if it does not help your case, e.g. because it backs up what the respondent says about what you were paid. Guidance Note 2 attached to the Presidential Guidance on General Case Management explains more. 3.4Not less than 35 days before the final hearing the respondent has to send the claimant by email or in writing copies of any additional paperwork relevant to the case. Case Number: 2415289/2021 2 of 4 3.5Not less than 21 days before the final hearing you must agree with the other side a single file of papers. This is called the “bundle”. It must be in pdf form if possible. It should have an index and page numbers that match the automatic pdf page numbering system (so the index should be page 1). It must contain the claim form, the response form and any letters, emails or orders from the Tribunal, as well as all the documents from both sides. It should also include a written transcript of any audio recordings you want the Judge to take into account at the hearing. You should not include any paperwork marked “without prejudice” where the claimant and respondent are discussing settling the case. If you can’t agree whether a document should be included it should go in the bundle but you should then tell the Judge at the final hearing about it. The Judge will decide whether the document should be included in evidence or not. 3.6Not less than 14 days before the final hearing each side must provide to the other a copy of a written statement from each person who will give evidence in the case. The witness statements should set out the facts in date order and refer to the bundle of documents by page number where appropriate. . There is information about what a witness statement should look like and include in Guidance Note 3 attached to the Presidential Guidance on General Case Management.[4]What you need to send to the Tribunal before the final hearing 4.1Not less than 7 days before the final hearing the Tribunal must have electronic copies of: The bundle of documents. The Schedule of Loss All witness statements. 4.2 It does not matter who supplies them to the Tribunal. If the parties cannot agree who does it, the claimant must do it. 4.3 If for any reason you cannot send the Tribunal the hearing bundle as an electronic pdf document you should send a paper copy to the Tribunal at least 7 days before final hearing. 4.4 Everyone taking part in the hearing must make sure that they each have a copy of the hearing bundle and witness statements at the final hearing.[5]Further information about Employment Tribunal cases can be found in the Presidential Guidance on General Case Management which is mentioned in the Sources of Guidance page at the end of this order.