Ms U Sharma v NCL Retail Holdings Ltd: 2501777/2018
REASONS
[1]The claim was presented on 16th September served on 4th October 2018 . A response was due by 1st November but none was received . An Employment Judge is required by Rule 21 to decide on the available material whether a determination can be made and , if so, obliged to issue a judgment which may determine liability and remedy. The claim form contains sufficient to prove the claim on a balance of probability and determine the sum due.[2]The Working Time Regulations 1998 say in Reg 14 where a worker's employment is terminated during the course of a leave year, her employer shall make her a payment in lieu of untaken leave calculated by a formula which the claimant appears correctly to have applied ------------------------------------------------ TM Garnon Employment Judge Date signed 8th November 2018 Case Number 2501777/18 2 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number(s): 2501777/2018 Name of case(s): Mrs U Sharma v NCL Retail Holdings 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 decision day" is: 12 November 2018 "the calculation day" is: 13 November 2018 "the stipulated rate of interest" is: 8% MISS K FEATHERSTONE For the Employment Tribunal Office Case Number 2501777/18 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/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 Number 2501777/18 1 THE EMPLOYMENT TRIBUNALS Claimant Respondents Ms U Sharma NCL Retail Holdings Ltd NCL Retail Shieldfield Ltd EMPLOYMENT JUDGE GARNON MADE AT NORTH SHIELDS ON 30 April 2019 I revoke my judgment of 8 November 2018.[2]I join NCL Retail Shieldfield Ltd as respondent by way of substitution for NCL Retail Holdings Ltd which is hereby removed from the proceedings as a party . NCL Retail Shieldfield Ltd will now be served with the original claim at its registered office which is 7 The Watermark, Gateshead, United Kingdom, NE11 9SY.[1]The claim presented on 16 September was served on the registered office of NCL Retail Holdings Ltd on 4 October 2018 . A response was due by 1 November but none was received . An Employment Judge is required by Rule 21 to decide whether a determination can be made and , if so, obliged to issue a judgment which may determine liability and remedy. The claim form contained sufficient to prove the claim on a balance of probability and determine the sum due so I issued such a judgment .[2]On 20 March 2019 the claimant applied for the judgment to be “amended” explaining she had discovered she was employed by NCL Retail Shieldfield Ltd a subsidiary of NCL Retail Holdings Ltd. She explained there were several companies the names of which started NCL Retail. I confirmed this to be true by a Companies House search. I informed her the judgment could not be amended in that way but could be reconsidered and revoked prior to NCL Retail Shieldfield Ltd being joined as respondent . She applied for those outcomes[3]Rule 34 of the Employment Tribunal Rules of Procedure 2013 provides The Tribunal may on its own initiative, or on the application of a party or any other person wishing to become a party, add any person as a party, by way of substitution or otherwise, if it appears that there are issues between that person and any of the existing parties falling within the jurisdiction of the Tribunal which it is in the interests of justice to have determined in the proceedings; and may remove any party apparently wrongly included. Case Number 2501777/18 2[4]I am satisfied the claimant made a reasonable mistake which should be corrected and the claim should commence afresh against NCL Retail Shieldfield Ltd. ------------------------------------------------ TM Garnon Employment Judge Date signed 30 April 2019 Case No:2501777/2018 4.17 Rule 21 judgment – universal template. September 2017 EMPLOYMENT TRIBUNALS Claimant: Mrs U Sharma Respondent: NCL Retail Shieldfield Ltd[1]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £832.50 gross of tax and national insurance.[2]The hearing listed on 28th June 2019 is cancelled.