Case 1305733/2023 · Employment Tribunal
Mrs W Gray v Secretary of State for Business & Trade and 1 other — 2024
- Case reference
- 1305733/2023
- Decision date
- 18 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Edmonds Representation
Parties
3 namedClaimant
Mrs W Gray
Key findings
Tribunal's reasoningThe tribunal found that the second respondent made unauthorised deductions from the claimant's wages between 1 and 19 June 2023. It also found that the second respondent failed to pay the claimant for her twelve week notice period, so the breach of contract complaint in relation to notice pay was well-founded.
The tribunal held that the claimant was entitled to a redundancy payment under section 163 Employment Rights Act 1996, calculated by reference to 19 years' service at the date her employment ended. The holiday pay complaint was dismissed because the tribunal found she had no outstanding accrued but untaken holiday at termination.
The first respondent was held liable to pay the claimant from the National Insurance Fund for the successful claims, other than holiday pay, in accordance with section 182 Employment Rights Act 1996 and subject to statutory caps. The tribunal did not calculate the sums at the hearing; it recorded the employment dates, salary, deduction period and weekly hours for the parties to calculate the payments, with liberty to refer any unresolved issue back to Employment Judge Edmonds.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages for the period 1 to 19 June 2023. The exact payment was not calculated in the judgment. | Upheld | — | — |
| Breach of contract | The tribunal found breach of contract in relation to notice pay for a twelve week notice period. The exact payment was not calculated in the judgment. | Upheld | — | — |
| Redundancy | The tribunal held under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment based on 19 years' service. The exact payment was not calculated in the judgment. | Upheld | — | — |
| Holiday pay | The tribunal dismissed the holiday pay complaint, finding no outstanding accrued but untaken holiday at termination. | Dismissed | — | — |
Legal tests applied
2 references- section 163 Employment Rights Act 1996
- section 182 Employment Rights Act 1996
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.
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