Case 1403862/2020 · Employment Tribunal
Mr S Anderson v Southwest Care Ltd (in liquidation) — 2021
- Case reference
- 1403862/2020
- Decision date
- 16 June 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dawson Date
Parties
2 namedClaimant
Mr S Anderson
Respondent
Key findings
Tribunal's reasoningIn this Rule 21 liability judgment, Employment Judge Dawson found in favour of Mr S Anderson against Southwest Care Ltd (in liquidation) on all of the claims recorded in the judgment. The tribunal found that the respondent had made an unauthorised deduction from wages and, separately, had breached contract by failing to pay wages due and by failing to give notice on termination of the employment contract.
The tribunal also found that Mr Anderson was unfairly dismissed in circumstances to which section 100 Employment Rights Act 1996 pertained. In addition, it found that the respondent had failed to pay sums due in respect of accrued holiday pay.
The judgment further recorded discrimination contrary to section 15 Equality Act 2010, which is treated here as disability discrimination. The judgment is on liability only and states that remedies would be determined at a later remedy hearing listed for 21 May 2021; no monetary award is recorded in this judgment.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Recorded from the judgment. | Upheld | — | — |
| Breach of contract | The judgment found a breach of contract in that the respondent failed to pay wages due to the claimant. | Upheld | — | — |
| Breach of contract | The judgment found a further breach of contract in that the respondent failed to give notice on termination of the contract of employment. | Upheld | — | — |
| Unfair dismissal | The judgment states that the claimant was unfairly dismissed in circumstances to which section 100 Employment Rights Act 1996 pertains. | Upheld | — | — |
| Holiday pay | The judgment found that the respondent failed to pay sums due in respect of the claimant's accrued holiday pay. | Upheld | — | — |
| Disability discrimination | The judgment records discrimination contrary to section 15 Equality Act 2010. | Upheld | Disability | — |
Legal tests applied
3 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- section 100 Employment Rights Act 1996
- section 15 Equality Act 2010
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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