Case 1309616/2020 · Employment Tribunal
Mr Darren Connop v Halesowen ARC (In Voluntary Liquidation) — 2022
- Case reference
- 1309616/2020
- Decision date
- 16 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Boyle Representation
Parties
2 namedClaimant
Mr Darren Connop
Respondent
Key findings
Tribunal's reasoningThe claimant's employment ended on 30 September 2020 and the tribunal accepted the claim on 16 March 2021. Although the claim was out of time, Employment Judge Boyle found it was not reasonably practicable for the claimant to present it in time because he reasonably misunderstood that it had already been presented, and that he acted within a reasonable time once the position became clear. On that basis, the tribunal held that it had jurisdiction to hear the unauthorised deductions claims.
The tribunal found that the respondent made an unauthorised deduction from wages by failing to pay the full amount due between 14 and 30 September 2020. It ordered payment of £1,560 gross, calculated as 13 days' pay at a daily rate of £120.
The tribunal also found an unauthorised deduction from wages in respect of accrued but untaken annual leave on termination. It ordered payment of £2,562 gross, based on 27.1 days' holiday entitlement during the year of employment less 5 days taken.
In addition, the tribunal ordered the respondent to pay £1,200 additional compensation under section 38 of the Employment Act 2002 for failing to provide the claimant with a written statement of employment particulars.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages for unpaid wages between 14 and 30 September 2020; the tribunal said this was 13 days' pay at a daily rate of £120. | Upheld | — | £1,560 |
| Holiday pay | Unauthorised deduction from wages for accrued but untaken annual leave on termination; the tribunal said the figure was based on 27.1 days' entitlement in the year of employment less 5 days taken. | Upheld | — | £2,562 |
| Other | Additional compensation awarded under section 38 Employment Act 2002 for failure to provide a written statement of employment particulars. | Upheld | — | £1,200 |
Remedy
Monetary award- Total award
- £5,322
- across all upheld claims
Legal tests applied
2 references- not reasonably practicable
- 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.
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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