Case 1303389/2023 · Employment Tribunal
Mr James Montgomery v Faith PS Ltd — 2023
- Case reference
- 1303389/2023
- Decision date
- 25 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Battisby
- Venue
- Birmingham remotely
Parties
2 namedClaimant
Mr James Montgomery
Respondent
Key findings
Tribunal's reasoningThe case was heard remotely by Employment Judge Battisby sitting alone on 25 October 2023. The respondent did not contest the claim and was issued with a Rule 21 notice. The claimant, Mr James Montgomery, was represented in person and the respondent did not appear.
The tribunal upheld the complaint of unauthorised deductions from wages. It found that the respondent had made deductions in two periods: 17 December 2022 to 3 January 2023, calculated at 2 weeks and 2 days at £150 gross per week, amounting to £360.00 gross; and 4 January 2023 to 2 July 2023, when the claimant was on sick leave and entitled to statutory sick pay that was unpaid, amounting to £2,533.42 for 25.5 weeks at £99.35 per week.
The tribunal ordered the respondent to pay the claimant £2,893.42, described as the total gross sum deducted. It also recorded that the claimant is responsible for any tax or National Insurance on that sum. No separate award was made for the pension issue.
The complaint about unpaid pension contributions was dismissed because the tribunal said it did not have jurisdiction to make such an award. The judgment states that the claimant made no other complaints.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Rule 21 judgment. The tribunal found unauthorised deductions from wages for 17/12/2022 to 03/01/2023 (£360.00 gross) and 04/01/2023 to 02/07/2023 while the claimant was on sick leave and entitled to statutory sick pay (£2,533.42). | Upheld | — | £2,893 |
| Other | The complaint about unpaid pension contributions was dismissed because the tribunal said it did not have jurisdiction to make such an award. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £2,893
- 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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