Case 1304492/2023 · Employment Tribunal
Mr Harry Whitehouse v Sprint Active Education Ltd (formerly known as Premier Active Coaching Ltd — 2024
- Case reference
- 1304492/2023
- Decision date
- 16 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Boyle Representation
Parties
2 namedClaimant
Mr Harry Whitehouse
Key findings
Tribunal's reasoningAt a CVP hearing in Birmingham on 16 September 2024, before Employment Judge Boyle and with the respondent neither उपस्थित nor represented, the tribunal found the claimant’s complaint of unauthorised deductions from wages well-founded. It held that the respondent had made unauthorised deductions in the period from 6 September 2022 to 14 December 2022 and ordered payment of the gross sum deducted, £1,843.54, with tax and National Insurance to be dealt with by the claimant.
The tribunal also upheld the breach of contract complaint in relation to notice pay and awarded £277.50 as damages, calculated using gross pay because of the likelihood that the amount would be treated as Post Employment Notice Pay. It further upheld the holiday pay complaint, finding an unauthorised deduction from wages because holiday accrued but not taken had not been paid, and awarded £601.50 gross.
Separately, the tribunal found that when proceedings began the respondent was in breach of its duty to provide a written statement of employment particulars. It stated that there were no exceptional circumstances making an award of two weeks’ gross pay unjust or inequitable and awarded £555 under section 38 of the Employment Act 2002. The total award across the judgment was £3,277.54.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deductions from wages found for the period 6 September 2022 to 14 December 2022; award was the gross sum deducted, with tax and National Insurance payable by the claimant. | Upheld | — | £1,844 |
| Breach of contract | Notice pay claim upheld; damages were calculated using gross pay to reflect the likelihood of tax being due as Post Employment Notice Pay. | Upheld | — | £278 |
| Holiday pay | Holiday pay claim upheld as an unauthorised deduction from wages for holiday accrued but not taken by 24 January 2023; award was gross and subject to tax and National Insurance. | Upheld | — | £602 |
| Other | The tribunal found that, when proceedings began, the respondent was in breach of its duty to provide a written statement of employment particulars and made an award under section 38 Employment Act 2002. | Upheld | — | £555 |
Remedy
Monetary award- Total award
- £3,278
- across all upheld claims
Legal tests applied
1 reference- s.38 Employment Act 2002
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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