Case 1400866/2022 · Employment Tribunal
Mr Welch, in person For the v Mrs Angelisa Ralph, Litigation Consultant — 2023
- Case reference
- 1400866/2022
- Decision date
- 24 April 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cotton
Parties
2 namedClaimant
Mr Welch, in person For the
Key findings
Tribunal's reasoningEmployment Judge Cotton, sitting alone at Bristol on 11 and 12 April 2023, held that Mr Danny Welch’s claim for unlawful deduction from wages under section 13 of the Employment Rights Act 1996 succeeded. The respondent, Dorset & South West Mobile Mechanics Ltd, was ordered to pay £7,090.50 gross, subject to income tax and national insurance contributions.
The claimant’s automatically unfair dismissal claim under section 104(1)(b) of the Employment Rights Act 1996 was dismissed. The written record gives the outcome but does not set out detailed reasoning for that dismissal beyond the final order.
The tribunal also made an award under section 38 of the Employment Act 2002 for failure to provide a written statement of particulars of employment. The judge recorded that the oral judgment had omitted the statutory cap, and on reconsideration the correct figure was £1,142, described as two weeks’ pay capped at £571 under section 227 of the Employment Rights Act 1996 and the Employment Rights (Increase of Limits) Order 2022.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Ordered as a gross sum subject to income tax and national insurance contributions. | Upheld | — | £7,091 |
| Unfair dismissal | Automatically unfair dismissal contrary to section 104(1)(b) of the Employment Rights Act 1996. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £8,233
- across all upheld claims
Legal tests applied
5 references- section 13 Employment Rights Act 1996
- section 104(1)(b) Employment Rights Act 1996
- section 38 Employment Act 2002
- section 227 Employment Rights Act 1996
- Employment Rights (Increase of Limits) Order 2022
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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