Case 1304504/2023 · Employment Tribunal
Mr Arif Mahmood v Livingwell Supported Housing Ltd (in voluntary liquidation) — 2025
- Case reference
- 1304504/2023
- Decision date
- 6 May 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Hussain Representation
- Venue
- Midlands West
Parties
2 namedClaimant
Mr Arif Mahmood
Key findings
Tribunal's reasoningMr Arif Mahmood brought claims against Livingwell Supported Housing Ltd (in voluntary liquidation), heard by CVP on 06 May 2025 before Employment Judge M Hussain. The respondent did not attend. The tribunal dismissed the claims of automatic unfair dismissal for having made a protected disclosure and detriment for making a protected disclosure.
The tribunal upheld the claim for unauthorised deductions from wages, finding that the respondent had made an unlawful deduction in the period 01 April 2023 to 01 May 2023 and ordering payment of the gross sum deducted, £1,032. It also upheld a separate breach of contract claim for mileage expenses and awarded £150.
The tribunal further found that holiday pay remained due for holidays accrued but not taken when employment ended, awarding £187.11, and upheld a breach of contract claim for notice pay, awarding £445.50. It also recorded 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 of £1,782, equal to four weeks' gross pay.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Automatic unfair dismissal on grounds of having made a protected disclosure was dismissed. | Dismissed | — | — |
| Whistleblowing | The complaint of detriment for making a protected disclosure was dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for the period 01 April 2023 to 01 May 2023 and ordered payment of the gross sum deducted. | Upheld | — | £1,032 |
| Breach of contract | Breach of contract claim for mileage expenses; damages awarded in the sum of £150. | Upheld | — | £150 |
| Holiday pay | Holiday pay claim succeeded in relation to holidays accrued but not taken on termination; the sum was payable as an unauthorised deduction from wages. | Upheld | — | £187 |
| Breach of contract | Breach of contract claim for notice pay succeeded; damages were calculated using gross pay to reflect likely tax treatment as Post Employment Notice Pay. | Upheld | — | £446 |
| Other | At the start of proceedings the respondent was in breach of its duty to provide a written statement of employment particulars. The tribunal made an award equal to four weeks' gross pay under section 38 Employment Act 2002. |
Remedy
Monetary award- Total award
- £3,597
- across all upheld claims
Legal tests applied
1 reference- section 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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