Case 1401231/2019 · Employment Tribunal
1 Mr R Patten 2 Mr M Verbeek 3 Mr A Kazem-Malaki v 1 David Brosnan 2 W2P Anaerobic Digestion — 2020
- Case reference
- 1401231/2019
- Decision date
- 8 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hargrove Representation
- Venue
- Southampton
Parties
2 namedClaimant
1 Mr R Patten 2 Mr M Verbeek 3 Mr A Kazem-Malaki
Key findings
Tribunal's reasoningThe tribunal heard three joined claims at Southampton on 29 November 2019. The claimants were in person and the respondents did not attend; the tribunal considered the contents of the ET1s. It found that Mr R Patten, Mr M Verbeek and Mr A Kazem-Malaki each had well founded claims for unpaid salary due on termination of employment under section 13(1) of the Employment Rights Act 1996.
The tribunal also found that Mr Patten and Mr Verbeek had well founded claims for holiday pay untaken and due at the termination of employment. It ordered the first respondent to pay Mr Patten £33,591.72 for unpaid salary and £2,603 for holiday pay, Mr Verbeek £29,292.91 for unpaid salary and £1,869.57 for holiday pay, and Mr Kazem-Malaki £13,138.56 for unpaid salary.
The judgment records that all sums are gross sums due without deduction for tax and National Insurance, and that if the claimants receive the sums they are responsible for notifying HMRC. The total of the awards is £80,495.76.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Mr R Patten: unpaid salary due on termination of employment under section 13(1) of the Employment Rights Act 1996; the first respondent was ordered to pay this sum under section 24. | Upheld | — | £33,592 |
| Holiday pay | Mr R Patten: holiday pay untaken and due at the termination of employment. | Upheld | — | £2,603 |
| Unlawful deduction from wages | Mr M Verbeek: unpaid salary due on termination of employment under section 13(1) of the Employment Rights Act 1996; the first respondent was ordered to pay this sum under section 24. | Upheld | — | £29,293 |
| Holiday pay | Mr M Verbeek: holiday pay due and untaken at the termination of employment. | Upheld | — | £1,870 |
| Unlawful deduction from wages | Mr A Kazem-Malaki: unpaid salary due on termination of employment under section 13(1) of the Employment Rights Act 1996; the first respondent was ordered to pay this sum under section 24. | Upheld | — | £13,139 |
Remedy
Monetary award- Total award
- £80,496
- across all upheld claims
Legal tests applied
2 references- section 13(1) ERA 1996
- section 24 ERA 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.
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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