Case 1302977/2022 · Employment Tribunal
Mr Andrew Clarke v Majestic Motors Ltd — 2022
- Case reference
- 1302977/2022
- Decision date
- 14 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Boyle Representation
Parties
2 namedClaimant
Mr Andrew Clarke
Respondent
Key findings
Tribunal's reasoningMr Andrew Clarke brought claims against Majestic Motors Ltd heard at Birmingham via CVP on 14 September 2022 before Employment Judge Boyle. The tribunal struck out the claim for unauthorised deductions from wages in respect of unpaid salary between April 2020 and February 2021 because it was not presented within the time limits in Employment Rights Act 1996 s23(2)(a). The judgment recorded that a breach of contract claim based on the same facts was presented in time and proceeded to hearing.
On the breach of contract claim, the tribunal found that the respondent failed to pay the claimant's full contractual salary between April 2020 and June 2021. The parties agreed the outstanding salary figures as £53.34 for April to May 2020 and £682.47 for June 2020 to February 2021, and the tribunal ordered payment of £735.81 as damages for breach of contract.
The tribunal also found that the respondent made an unauthorised deduction from wages by not paying the claimant for 4 days of annual leave accrued up to his termination date of 25 February 2022 but not taken. The parties agreed the correct hourly rate was £8.91, and the tribunal ordered the gross sum of £263.74, calculated by applying that rate to 7.4 hours per day.
Claims and outcomes
3 findings recordedThis 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 |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim for unpaid salary between April 2020 and February 2021 was struck out as presented outside the time limits in ERA 1996 s23(2)(a). | Struck out | — | — |
| Breach of contract | The tribunal found the respondent breached contract by failing to pay full contractual salary between April 2020 and June 2021. The parties agreed the outstanding salary figures and damages. | Upheld | — | £736 |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages in respect of 4 days annual leave accrued up to termination on 25 February 2022 but not taken. The parties agreed the hourly rate and the sum was calculated gross by reference to 7.4 hours per day. | Upheld | — | £264 |
Remedy
Monetary award- Total award
- £1,000
- across all upheld claims
Legal tests applied
1 reference- Employment Rights Act 1996 s23(2)(a)
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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