Case 1302625/2023 · Employment Tribunal
(1) Sandra Kelly (2) David John Fox (3) Dawn Brown (4) Carolyn Leyland v Carl's Kitchen Limited — 2023
- Case reference
- 1302625/2023
- Decision date
- 8 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Chivers Representation
- Venue
- Midlands West
Parties
2 namedClaimant
(1) Sandra Kelly (2) David John Fox (3) Dawn Brown (4) Carolyn Leyland
Respondent
Key findings
Tribunal's reasoningSandra Kelly succeeded in her statutory redundancy pay claim and was awarded £7,980. The tribunal also found that Carl's Kitchen Limited was in breach of contract in dismissing her without notice, awarding £3,192, and in failing to pay employee pension contributions for October 2022 to January 2023, awarding £199.86. Her claim for unpaid accrued holiday pay was withdrawn and dismissed, and she was awarded £532 additional compensation under section 38 of the Employment Act 2002 for failure to provide written employment particulars.
David John Fox succeeded in his complaint of unauthorised deductions from pay under Part II of the Employment Rights Act 1996. The tribunal found an unauthorised deduction from the wages due on 31 January 2023 and ordered payment of £1,187.69 net. He was also awarded £720 additional compensation under section 38 of the Employment Act 2002.
Dawn Brown succeeded in her statutory redundancy pay claim for £1,000, her unauthorised deductions complaint for £1,604.40 gross arising from unpaid holiday pay on termination and January 2023 wages, and her unfair dismissal claim under section 98 of the Employment Rights Act 1996, for which she was awarded £300. Carolyn Leyland succeeded in her statutory redundancy pay claim for £2,700 and received £720 additional compensation under section 38 of the Employment Act 2002. The total monetary awards across the four judgments were £20,535.95.
Claims and outcomes
13 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Statutory redundancy pay. | Upheld | — | £7,980 |
| Breach of contract | Breach of contract by dismissing the claimant without notice. | Upheld | — | £3,192 |
| Breach of contract | Breach of contract for failure to pay employee pension contributions for October 2022 to January 2023. | Upheld | — | £200 |
| Holiday pay | Claim for accrued but untaken holiday pay was withdrawn and dismissed. | Withdrawn | — | — |
| Other | Additional compensation under section 38 of the Employment Act 2002 for failure to provide written statement of employment particulars. | Upheld | — | £532 |
| Unlawful deduction from wages | Unauthorised deduction from wages due on 31 January 2023. | Upheld | — | £1,188 |
| Other | Additional compensation under section 38 of the Employment Act 2002 for failure to provide written statement of employment particulars. | Upheld | — | £720 |
Remedy
Monetary award- Total award
- £20,536
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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