Case 1401503/2023 · Employment Tribunal
Mr J Pashley v The Dutchy Pub Company Ltd — 2024
- Case reference
- 1401503/2023
- Decision date
- 6 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Volkmer Representation
Parties
2 namedClaimant
Mr J Pashley
Respondent
Key findings
Tribunal's reasoningThe tribunal held that the Respondent had made unauthorised deductions from the Claimant's wages in the period 1 August 2022 to 11 December 2022, including holiday pay, and ordered payment of the gross sum deducted of £1,422.45. It also upheld two breach of contract complaints: one for notice pay, for which it awarded £317.20 in damages calculated using gross pay, and one in relation to the Claimant's NEST pension, for which it awarded £63.88.
The tribunal further found that the Respondent failed to give the Claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 during the same period, but it made no award in respect of that failure.
Finally, the tribunal found that when the proceedings began the Respondent was in breach of its duty to provide a written statement of employment particulars. It found no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable, and it considered that four weeks' gross pay was not just and equitable. It therefore awarded £634.40 under section 38 Employment Act 2002. The total award was £2,437.93.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deductions from wages found for the period 1 August 2022 to 11 December 2022, including holiday pay. | Upheld | — | £1,422 |
| Breach of contract | Breach of contract claim in relation to notice pay upheld; damages calculated using gross pay to reflect the likelihood of tax as Post Employment Notice Pay. | Upheld | — | £317 |
| Breach of contract | Breach of contract claim in relation to the Claimant's NEST pension upheld. | Upheld | — | £64 |
| Other | Failure to give written itemised pay statements under section 8 Employment Rights Act 1996 was found, but no award was made. | Upheld | — | — |
| Other | Failure to provide a written statement of employment particulars was found; the tribunal awarded two weeks' gross pay under section 38 Employment Act 2002 and declined a four weeks' award. | Upheld | — | £634 |
Remedy
Monetary award- Total award
- £2,438
- across all upheld claims
Legal tests applied
2 references- section 8 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.
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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