Mr S McGowan v Chung Wang Ltd: 2418505/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant’s claims of unlawful deduction from wages, unpaid annual leave entitlement and notice pay succeeds and the respondent is ordered to pay the claimant the sum of £3228.36 and calculated as follows:- a) Unlawful deduction from wages- £1466.28. b) Unpaid annual leave entitlement- £657.60. c) Notice pay- £1104.48 Total: £3228.36[2]The claimant’s remaining claims will be considered at a Preliminary Hearing before a Judge sitting alone with a hearing length of 2 hours on a date to be advised. _____________________________ Employment Judge Johnson Date: 29 May 2021[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. 2418505/2020 EMPLOYMENT TRIBUNALS Claimant: Mr. S McGowan Respondent: Chung Wang Limited HELD AT: Manchester (Remotely, by CVP) ON: 14 October 2021 BEFORE: Employment Judge Wheat REPRESENTATION: Claimant: Mr. Tom Street, Solicitor Respondent: Not represented[1]The claimant’s claim of Automatic Unfair Dismissal under S. 103A Employment Rights Act (‘ERA’) 1996 succeeds on the basis that the principal reason for his dismissal was the making of a protected disclosure.[2]The claimant’s claim that as a result of making a protected disclosure he was subject to a detriment under S47(b) ERA 1996 succeeds.[3]The claimant’s claim that he was entitled to a written statement of employment particulars under S1. ERA 1996 succeeds. The claimant’s claims in relation to liability having now been determined, a Final Hearing to determine Remedy will take place at 10am on 3 December 2021, before Employment Judge Wheat sitting alone, with a hearing length of 2 hours.