Ms A Secundo v Just Colour Ltd: 2417683/2020
JUDGMENT
The claimant’s claims for unlawful deduction from wages pursuant to Part II Employment Rights Act 1996 and for unpaid accrued holiday pursuant to the provisions of the Working Time Regulations 1998 succeed. The respondent is ordered to pay the claimant the sum of £1,346.39 consisting of the following; Unpaid wages: £389.51 Holiday pay: £956.88 Employment Judge Howard Date 16th March 2021 JUDGMENT SENT TO THE PARTIES ON 19 March 2021 FOR THE TRIBUNAL OFFICE Case No: 2417683/20 10.1 Judgment – no hearing - rule 60 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2417683/20 Miss A Secundo v Just Colour Limited 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 decision day" is: 19 March 2021 "the calculation day" is: 21 March 2021 "the stipulated rate of interest" is: 8% MR S ARTINGSTALL For the Employment Tribunal Office Case No: 2417683/20 10.1 Judgment – no hearing - rule 60 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/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: 2417683/2020 EMPLOYMENT TRIBUNALS Claimant: Miss A Secundo Respondent: Just Colour LimitedREASONS
[1]The claimant brought a claim for unlawful deduction from pay and unpaid holiday on 7th November 2020.[2]The claim was initially served on the respondent’s on 24th November 2020, during a period of national lock-down, on the trading premises in the Trafford Centre. It was then re-sent to the registered office which was the respondent’s accountants on 26th January 2021.[3]No response was received, and judgment was issued on 16th March 2021 in the claimant’s favour.[4]On 31st March 2021, the respondent contacted the Tribunal stating that it had just received the Judgment, forwarded from his accountants and that the earlier correspondence had not been received as the premises had been closed and seeking reconsideration of the judgment.[5]The respondent provided further details in an email of 8th April 2021.[6]The application for reconsideration was made beyond the 14 day time limit, however I applied my case management powers under Rule 5, given the circumstances; it was clear that the respondent sought a reconsideration promptly upon receiving the judgment.[7]I considered that there was a reasonable prospect of the judgment being varied or revoked and sought the parties’ views on whether the reconsideration could be dealt with in writing or required a hearing. The respondent has provided grounds upon which the matter could be determined in writing and the claimant has not replied.[8]I have decided this matter based on the written grounds and information provided. It is clear that the respondent has attempted to engage in the litigation process and has an arguable defence to the claim and that it would be in the interests of justice for me to revoke my judgment and allow the claim to be defended. Case No: 2417683/2020[9]I have listed the case for hearing and given directions which will be sent to the parties separately. Employment Judge Howard DATE 20th July 2021