Case 1307841/2022 · Employment Tribunal
Mr Paul Wilkins v JAVA Art Limited — 2023
- Case reference
- 1307841/2022
- Decision date
- 3 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Chivers Representation
Parties
2 namedClaimant
Mr Paul Wilkins
Respondent
Key findings
Tribunal's reasoningEmployment Judge Chivers, sitting alone at West Midlands Employment Tribunal by CVP on 3 November 2023, heard Mr Paul Wilkins' claims against JAVA Art Limited. The claimant was represented by counsel and the respondent by its director. The judgment is a short rule 61 record of decisions given orally at the hearing; written reasons were not provided as a matter of course.
The tribunal upheld the claimant's complaint of unauthorised deductions from pay contrary to Part II of the Employment Rights Act 1996, ordering the respondent to pay £532 gross. It also upheld a complaint of unpaid holiday pay, ordering payment of £84 gross. The tribunal further found that the respondent had failed in its duty under section 1 ERA 1996 to provide a written statement of the main terms of employment, and made an award under section 38 of the Employment Act 2002 of two weeks' gross pay (£690).
The Listing flagged additional categories (age discrimination, breach of contract, health and safety, unfair dismissal) but the written record provided does not adjudicate those heads, so no findings are recorded here for them. The bottom-line monetary orders in the judgment total £1,306.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Tribunal found an unauthorised deduction of £532 from the claimant's pay contrary to Part II Employment Rights Act 1996; respondent ordered to pay the gross sum of £532. | Upheld | — | £532 |
| Holiday pay | Complaint of unpaid holiday pay well-founded; respondent ordered to pay £84 gross. | Upheld | — | £84 |
| Other | Respondent failed to provide a written statement of main terms of employment under s.1 ERA 1996; award of two weeks' gross pay (£690) made under s.38 Employment Act 2002. Not a stand-alone substantive claim type in the §4.4 enum, hence 'other'. | Upheld | — | £690 |
Remedy
Monetary award- Total award
- £1,306
- across all upheld claims
Legal tests applied
3 references- Part II Employment Rights Act 1996
- section 1 Employment Rights Act 1996
- 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
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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