Case 1402412/2020 · Employment Tribunal
Ms K Dempster v Devon Pubs Ltd — 2020
- Case reference
- 1402412/2020
- Decision date
- 14 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Matthews Representation
- Venue
- Plymouth
Parties
2 namedClaimant
Ms K Dempster
Respondent
Key findings
Tribunal's reasoningMs K Dempster’s claims against Devon Pubs Ltd were heard at Plymouth on 11 September 2020 before Employment Judge Matthews. The respondent did not present a response and did not attend. The tribunal upheld the claimant’s claim under section 23 of the Employment Rights Act 1996 for wages due, and also upheld her claim under regulation 30(1) of the Working Time Regulations 1998 for holiday pay due under regulation 14(2). The tribunal ordered payment of £3,230.84 in total.
In the wages claim, the tribunal recorded that the claimant had not been paid from March 2020 to the end of June 2020, when she found other work. For April to June 2020 she had agreed to accept 80% of her pay as a furlough arrangement. The schedule of calculations set out gross pay for March 2020 of £1,170, pay for April to June 2020 of £2,808, and one week’s pay in hand of £270, making £4,248 in total. After deducting £1,250 already paid on account, the balance owing was £2,998.
For holiday pay, the tribunal found the claimant was owed 29.4 hours. The calculation applied a normal hourly rate of £9 for 11.76 hours and a furlough rate of £7.20 for 17.64 hours, producing a holiday pay figure of £232.84. The judgment does not record any additional remedy beyond the two sums identified in the schedule of calculations.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim under section 23 of the Employment Rights Act 1996 for wages due from March 2020 to the end of June 2020. The tribunal found £1,250 had already been paid on account and a balance of £2,998 remained owing. | Upheld | — | £2,998 |
| Working time regulations | Claim under regulation 30(1) of the Working Time Regulations 1998 for holiday pay due under regulation 14(2). The tribunal found 29.4 hours holiday pay was owed and assessed it at £232.84. | Upheld | — | £233 |
Remedy
Monetary award- Total award
- £3,231
- across all upheld claims
Legal tests applied
3 references- s.23 ERA 1996
- regulation 30(1) of the Working Time Regulations 1998
- regulation 14(2) of the Working Time Regulations 1998
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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