Ms L Speakman v Jon Cogley Butchers Ltd: 6007628/2024
[1]The correct name of the respondent is John Cogley Butchers Limited. The claimant was employed from 12 November 2015 by Price Freezers (St Helens) Limited who changed its name on 9 February 2015 to Discount foods for U Limited and her employment was transferred the respondent under a Transfer of Undertaking from 8 July 2019 under the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended.[2]The claimant (55 years of age at the effective date of termination) was made redundant on 13 April 2024 and is entitled to a redundancy payment. The respondent is ordered to pay to the claimant a redundancy payment in the sum of £6177.87 (gross weekly wage £457.62 to include minimum wage underpayment) each with a multiplicand of 1.5 totalling 13.5 weeks). Case Number: 6007628/2024 2 of 4[3]The claimant’s claim of wrongful dismissal claim is well-founded and the respondent is ordered to pay to the claimant 9 weeks unpaid statutory notice in the sum of £3677.58 net (£457.62 less lawful deductions totalling £49 x 9).[4]The respondent did not provide the claimant with a statement of terms and conditions of employment in accordance with section 1 of the Employment Rights Act 1996 following the TUPE transfer from Discount Foods 4 U limited on 12 November 2014. and the respondent is ordered to pay to the claimant two weeks gross wages in the sum of £913.24 (456.62 x 2). . __________________________ Employment Judge Shotter Date: 13.1.25 Judgement sent to the parties on: 24 January 2025 For the Tribunal: Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employmenttribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislationpracticedirections/ Case Number: 6007628/2024 3 of 4 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 ARTICLE 12 Case number: 6007628/2024 Name of case: Miss L Speakman v Jon Cogley Butchers Limited Interest is payable when an Employment Tribunal makes an award or determination requiring one party to proceedings to pay a sum of money to another party, apart from sums representing costs or expenses. No interest is payable if the sum is paid in full within 14 days after the date the Tribunal sent the written record of the decision to the parties. The date the Tribunal sent the written record of the decision to the parties is called the relevant decision day. Interest starts to accrue from the day immediately after the relevant decision day. That is called the calculation day. The rate of interest payable is the rate specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as the stipulated rate of interest. The Secretary of the Tribunal is required to give you notice of the relevant decision day, the calculation day, and the stipulated rate of interest in your case. They are as follows: the relevant decision day in this case is: 24 January 2025 the calculation day in this case is: 25 January 2025 the stipulated rate of interest is: 8% per annum. Mr S Artingstall For the Employment Tribunal Office Case Number: 6007628/2024 4 of 4 GUIDANCE NOTE[1]There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgmentguide-t426 If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.[2]The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.[3]The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.[4]Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.[5]Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.[6]If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.[7]If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.[8]If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.[9]The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way.