Employment Tribunals Rules of Procedure 2013 –Rule 21 MADE AT NORTH SHIELDS ON 19th March 2019 2019EMPLOYMENT JUDGE GARNON JUDGMENT (Liability and remedy )[1]The claims of unlawful deduction of wages is well founded. I order the respondent to repay to the claimant wages of £2595 gross of tax and National Insurance[2]The Hearing listed for 16 April 2019 is cancelled
REASONS
[1]The claims was accepted on 14 January and served on 15 February 2019. A response was due by 15 March . None was received. A Judge is required by rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and , if it can , obliged to issue a judgment which may determine liability only or and liability and remedy. I consider the above judgment appropriate because the claim form gives sufficient information to enable me to find the claims proved on a balance of probability and to determine the sums due .[2]The applicable law is in Part 2 of the Employment Rights Act 1996 ------------------------------------------------ TM Garnon Employment Judge Date 19 March 2019 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Case Number 2500076/19 2 Tribunal case number(s): 2500076/2019 Name of case(s): Ms K Gardner v Solehawk 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: 25 March 2019 "the calculation day" is: 26 March 2019 "the stipulated rate of interest" is: 8% MISS K FEATHERSTONE For the Employment Tribunal Office Case Number 2500076/19 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-guidet426 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 2500076/19 1 THE EMPLOYMENT TRIBUNALS Claimant Respondent Ms K Gardner Solehawk Ltd[1]The respondent has applied for a reconsideration of a judgment on liability and remedy made by me in circumstances where no response had been presented.[2]Unknown to me at the time, the claim was settled through ACAS on 15 March 2019 and, due to administrative error, ACAS did not inform the Tribunal. ACAS have now confirmed this. ___________________________________ T M Garnon EMPLOYMENT JUDGE SIGNED BY