Case 1302848/2022 · Employment Tribunal

Mr P Burton v Ocean Design Storage Solutions Limited — 2023

Case reference: 1302848/2022
Decision date: 9 January 2023
Jurisdiction: England & Wales
Judge: Employment Judge Flood Representation
Venue: Birmingham

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr P Burton

Respondent

Ocean Design Storage Solutions Limited

Key findings

Tribunal's reasoning

The tribunal sitting in Birmingham by CVP on 9 January 2023 found that Mr P Burton was entitled to a statutory redundancy payment of £12,926.88 under section 163 of the Employment Rights Act 1996. It also found an unauthorised deduction from pay for the period 1 to 15 March 2022 and ordered £849.60 gross. A separate complaint about unpaid commission was dismissed.

The holiday pay complaint succeeded because the tribunal found that the respondent had failed to pay holiday pay for 32 days accrued but untaken, and it ordered £2,718.72 gross. The breach of contract claim also succeeded, with damages of £6,765.02 broken down as 12 weeks' unpaid notice pay (£5,248.44), unpaid expenses (£1,201.22), and unpaid employer pension contributions for January/February 2022 and 1 to 15 March 2022 (£290.24 and £25.12).

The unfair dismissal complaint under Part X of the Employment Rights Act 1996 was well founded. The tribunal made no basic award, awarded a compensatory award of £874.74 to reflect two weeks' additional pay and pension contributions that would have been payable during a consultation period it said was not carried out, and added £400 for loss of statutory rights. The claimant's application for a costs award was dismissed. The total award was £24,534.96.

Claims and outcomes

6 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Redundancy	Statutory redundancy payment awarded under section 163 Employment Rights Act 1996.	Upheld	—	£12,927
Unlawful deduction from wages	Unauthorised deduction from pay found for the period 1 to 15 March 2022.	Upheld	—	£850
Unlawful deduction from wages	Separate complaint of unpaid commission was dismissed.	Dismissed	—	—
Holiday pay	Holiday pay found due for 32 days accrued but untaken.	Upheld	—	£2,719
Breach of contract	Damages awarded for 12 weeks' unpaid notice pay, unpaid expenses, and unpaid employer pension contributions.	Upheld	—	£6,765
Unfair dismissal	Award comprised a £874.74 compensatory award for two weeks' additional pay and pension contributions during a consultation period the tribunal said was not carried out, plus £400 for loss of statutory rights; no basic award was made.	Upheld

Remedy

Monetary award

Total award: £24,535; across all upheld claims
Basic award: £0; statutory, unfair dismissal
Compensatory award: £875; compensatory remedy recorded

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.