Case 1401405/2023 · Employment Tribunal
In person For the v Mr Alan Welch of the Respondent — 2023
- Case reference
- 1401405/2023
- Decision date
- 9 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge H Lumby Dated
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld the complaint of unauthorised deductions from wages for the period 1 February 2023 to 13 March 2023. It ordered payment of £3,840 for the gross sum deducted and a further £546.48 in respect of unpaid pension contributions for the same period.
The complaint of breach of contract in relation to notice pay was also well-founded. The tribunal awarded £1,280 as damages, calculated using gross pay to reflect the likelihood that tax would be due on it as Post Employment Notice Pay. The holiday pay complaint succeeded as well, because the tribunal found the respondent had failed to pay the claimant for holidays accrued but not taken when employment ended, and ordered £1,612.80.
On redundancy, the tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment of £1,142. The unfair dismissal complaint was dismissed because the tribunal found the claimant was fairly dismissed.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages were made in the period 1 February 2023 to 13 March 2023 and ordered £3,840 for the gross sum deducted plus £546.48 in respect of unpaid pension contributions for the same period. | Upheld | — | £4,386 |
| Breach of contract | The notice pay complaint was well-founded; damages were assessed using gross pay to reflect the likelihood of tax treatment as Post Employment Notice Pay. | Upheld | — | £1,280 |
| Holiday pay | The tribunal found the respondent failed to pay for holidays accrued but untaken when employment ended. | Upheld | — | £1,613 |
| Redundancy | The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment. | Upheld | — | £1,142 |
| Unfair dismissal | The tribunal found the claimant was fairly dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £8,421
- across all upheld claims
Legal tests applied
1 reference- s.163 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.
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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