Miss K Taylor v Rothbury Home Bakery Ltd (in liquidation): 2502815/2019
JUDGMENT
[1]The claimant’s complaint under section 127 of the Equality Act 2010 relating to a breach of the sex equality clause implied into the terms of the claimant’s work by virtue of section 66 of the Equality Act 2010 is wellfounded.[2]The claimant was entitled, by virtue of the sex equality clause, to be paid £10 per hour for the period between the arrears day (20 September 2013) until her employment ended. The respondent breached the sex equality clause by failing to pay the claimant at that rate.[3]The respondent must pay the following amounts to the claimant:a. arrears of pay of £19,443.55, calculated as shown in the table annexed;b. interest on that amount of £4815.61, calculated as shown in the annex; andc. an additional award pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of the Case No. 2502815/2019 2 respondent’s unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. ______________________________ Employment Judge Aspden Date____29 November 2019 ______________ Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No. 2502815/2019 3 Annex Arrears 20 Sept 2013 to 31 March 2018 Arrears of £67.50 per week for 237.6 weeks £16,065 1 April 2018 to June 2018 Arrears of £65.10 per week for 12 weeks £781.20 July 2018 to 31 March 2019 Arrears of £39.06 per week for 40.1 weeks £1566.31 1 April 2019 to 8 November 2019 Arrears of £32.22 per week for 32 weeks £1031 .04 Total £19,443.55 Interest Interest at 8% per annum for the period beginning on the mid-point date beginning with the arrears date (20 September 2013) and ending on the day of calculation (29 November 2019) on the sum of £19,443.55. The period from the midpoint to the calculation date is 1130 days. Interest = £19,443.55 x 1130/356 x 0.8% = £4815.61 Case No. 2502815/2019 1 EMPLOYMENT TRIBUNALS Claimant: Miss K Taylor Respondent: Rothbury Home Bakery Ltd (in liquidation) HELD AT: North Shields ON: 29 November 2019 BEFORE: Employment Judge Aspden REPRESENTATION: Claimant: Respondent: In person No attendance CORRECTED JUDGMENT Under the provisions of Rule 69, the judgment sent to the parties on 5 December 2019 is corrected as set out in block type at paragraph 3c below and the document annexed.[1]The claimant’s complaint under section 127 of the Equality Act 2010 relating to a breach of the sex equality clause implied into the terms of the claimant’s work by virtue of section 66 of the Equality Act 2010 is wellfounded.[2]The claimant was entitled, by virtue of the sex equality clause, to be paid £10 per hour for the period between the arrears day (20 September 2013) until her employment ended. The respondent breached the sex equality clause by failing to pay the claimant at that rate.[3]The respondent must pay the following amounts to the claimant:a. arrears of pay of £19,443.55, calculated as shown in the table annexed;b. interest on that amount of £4815.61, calculated as shown in the annex; and Case No. 2502815/2019 2c. an additional award of £1944.36 pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of the respondent’s unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. ______________________________ Employment Judge Aspden Date____9 December 2019 ______________ Case No. 2502815/2019 3 Annex Arrears 20 Sept 2013 to 31 March 2018 Arrears of £67.50 per week for 237.6 weeks £16,065 1 April 2018 to June 2018 Arrears of £65.10 per week for 12 weeks £781.20 July 2018 to 31 March 2019 Arrears of £39.06 per week for 40.1 weeks £1566.31 1 April 2019 to 8 November 2019 Arrears of £32.22 per week for 32 weeks £1031 .04 Total £19,443.55 Interest Interest at 8% per annum for the period beginning on the mid-point date beginning with the arrears date (20 September 2013) and ending on the day of calculation (29 November 2019) on the sum of £19,443.55. The period from the midpoint to the calculation date is 1130 days. Interest = £19,443.55 x 1130/356 x 0.8% = £4815.61 Increased award pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 10% of £19,443.55 = £1,944.36