Mr P Siddall v APT Security Shutters Ltd: 2417157/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1232.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £440.00[3]The hearing listed on 21 March 2019 is cancelled. Employment Judge Sherratt 14 February 2019 ____________________________[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: 2417157/2018 11.11 Judgment on reconsideration of rule 21 Judgment – hearing - rule 70 EMPLOYMENT TRIBUNALS Claimant: Mr P Siddall Respondent: APT Security Shutters Limited Heard at: Manchester On: 24 June 2019 Before: Employment Judge Sherratt Representation Claimant: Written representation Respondent: Mr N Tonge, Director UPON APPLICATION made by letter dated 18 February 2019 to reconsider the judgment under rule 71 of the Employment Tribunals Rules of Procedure 2013 dated and sent to the parties on 14 February 2019:[1]The judgment is varied as follows:(a) The gross amount of the unauthorised deduction from the claimant’s wages that the respondent is ordered to pay is reduced from £1,232 to £654.50.(b) The gross amount of the unauthorised deduction relating to the claimant’s holiday pay that the respondent is ordered to pay is reduced from £440 to £272.80. The late response has been accepted.