Case 1401544/2023 · Employment Tribunal
In Person v Mr B. Millar (Director) — 2023
- Case reference
- 1401544/2023
- Decision date
- 20 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail Appearances
- Venue
- Exeter
Parties
2 namedClaimant
In Person
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the claimant's claim for unpaid wages for February and March 2023 was well-founded. It recorded net awards of £2,738.56 for February 2023 and £2,334.86 for March 2023, totalling £5,073.42. The judgment also states that the claimant treated himself as constructively dismissed on 31 March 2023 after not being paid for the previous two months' work.
The tribunal held that the dismissal was in circumstances of redundancy, so the claimant was entitled to a redundancy payment, and that he was constructively dismissed without notice and was entitled to a notice payment. The claim was amended to include claims for a redundancy payment and for breach of contract in the form of failure to pay notice. The tribunal ordered the respondent to pay £9,421.50 for redundancy and £8,214.00 for notice, making a grand total of £22,708.92, and directed the respondent to account to HMRC for tax and national insurance on the unpaid wages and notice pay.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Judgment recorded that the claim for unpaid wages for February and March 2023 was well-founded. The award was expressed as net sums for 2/23 and 3/23. | Upheld | — | £5,073 |
| Constructive dismissal | The judgment states that the claimant treated himself as constructively dismissed on 31 March 2023 after not being paid for the previous two months' work. No separate monetary figure was listed for this finding. | Upheld | — | — |
| Redundancy | The tribunal found the dismissal was in circumstances of redundancy and awarded a redundancy payment calculated on 13 years' service using the weekly cap. | Upheld | — | £9,422 |
| Breach of contract | The judgment says the claimant was constructively dismissed without notice and was entitled to a notice payment. The award was expressed as 12 weeks at net £684.50. | Upheld | — | £8,214 |
Remedy
Monetary award- Total award
- £22,709
- across all upheld claims
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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