Mr R Stanyer v Tom Bainbridge Ltd: 6013995/2025
JUDGMENT
Employment Tribunals Procedure Rules 2024 – Rule 22[1]The title is amended to Tom Bainbridge Ltd to reflect the correct corporate name of the respondent.[2]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made on the claim in accordance with Rule 22 of the Procedure Rules.[3]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £12,463.97 calculated as follows:a. Wages due 9/9/2024 to 3/2/2025 = 21 weeks + 1 day at a salary of £36,000 gross per annum = (21 x £692.31 per week) + (1 x £138.46 per day) = £14,676.97b. Less £2,213.00 received on accountc. £14,676.97 - £2,213.00 = £12,463.97[4]The respondent failed to give the claimant written itemised pay statements as required by the Employment Rights Act 1996 section 8. The shortfall in the claimant’s wages is accounted for at paragraph 2 above, and no further award is made.[5]The respondent has failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant the gross sum of £1,592.18 calculated as follows: a. 11.5 days x £138.46 gross per day = £1,592.31[6]Consequently, the respondent must pay the claimant the sum of £14,056.28 in total.[7]The hearing on 18 August 2025 is cancelled. Case No:6013995/2025 Approved by: Employment Judge Ainscough 9 July 2025[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-judgment-guidet426 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. Case Number: 6013995/2025 EMPLOYMENT TRIBUNALS Claimant: Mr R Stanyer Respondent: Tom Bainbridge Ltd CERTIFICATE OF CORRECTION Under Rule 67, the judgment sent to the parties on 8 August 2025 is corrected as set out in block type at paragraphs 5 and 6 of the corrected judgment. Paragraph 5 sets out the claimant’s entitlement to holiday pay and originally stated that the respondent must pay the gross sum of £1,592.18, calculated as follows a. 11.5 days x £138.46 gross per day = £1,592.31 The calculation outlined above is correct except that the process of addition is inaccurate. The correct sum resulting from the calculation is £1,592.29. The corrected judgment now states at paragraph 5 that the respondent must pay the gross sum of £1,592.29 and displays the calculation with the correct addition as follows: a. 11.5 days x £138.46 gross per day = £1,592.29 Consequently, the calculation in paragraph 6 showing the total figure which the respondent must pay has been corrected to read £14,056.26 (instead of £14,056.28). Approved by: Employment Judge Ainscough 11 November 2025 SENT TO THE PARTIES ON 23 January 2026 FOR THE TRIBUNAL OFFICE Case Number: 6013995/2025 Important note to the Claimant(s) and Respondent(s): Any dates for asking for written reasons, applying for reconsideration or appealing against the judgment are not changed by this certificate of correction and corrected judgment. These time limits still run from the date the original judgment or reasons were sent, as explained in the letter that sent the original judgment. Case No:6013995/2025 EMPLOYMENT TRIBUNALS Claimant: Mr R Stanyer Respondent: Tom Bainbridge Ltd[1]The title is amended to Tom Bainbridge Ltd to reflect the correct corporate name of the respondent.[2]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made on the claim in accordance with Rule 22 of the Procedure Rules.[3]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £12,463.97 calculated as follows:a. Wages due 9/9/2024 to 3/2/2025 = 21 weeks + 1 day at a salary of £36,000 gross per annum = (21 x £692.31 per week) + (1 x £138.46 per day) = £14,676.97b. Less £2,213.00 received on accountc. £14,676.97 - £2,213.00 = £12,463.97[4]The respondent failed to give the claimant written itemised pay statements as required by the Employment Rights Act 1996 section 8. The shortfall in the claimant’s wages is accounted for at paragraph 2 above, and no further award is made.[5]The respondent has failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant the gross sum of £1,592.29 calculated as follows: a. 11.5 days x £138.46 gross per day = £1,592.29[6]Consequently, the respondent must pay the claimant the sum of £14,056.26 in total.[7]The hearing on 18 August 2025 is cancelled. Case No:6013995/2025 Approved by: