Case 1404156/2020 · Employment Tribunal
In Person For the v Ms Nicholls — 2021
- Case reference
- 1404156/2020
- Decision date
- 29 June 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lowe Appearances
Parties
2 namedClaimant
In Person For the
Respondent
Key findings
Tribunal's reasoningAt the Southampton Cloud Video Platform hearing on 11 June 2021 before Employment Judge Lowe, the tribunal dismissed the claims for redundancy pay and for the claimed additional 20% furlough payment. Mr Stack's claim about the provision of employment particulars was also dismissed.
Mr Stack's holiday pay claim was upheld, with the amount left to be determined. Mr Barwick's holiday pay claim was left subject to determination, and the tribunal noted that the calculation should be on a pro-rata basis for 1 April to 31 July 2020 at full contractual pay. The tribunal also upheld the notice pay claims and noted that each should be calculated for a 4-week notice period at full contractual pay.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Both claimants; claim for redundancy pay dismissed. | Dismissed | — | — |
| Other | Both claimants; claim for the additional 20% furlough payment dismissed. | Dismissed | — | — |
| Other | Mr Stack only; claim in respect of the provision of employment particulars dismissed. | Dismissed | — | — |
| Holiday pay | Mr Stack only; holiday pay upheld, with value to be determined. | Upheld | — | — |
| Holiday pay | Mr Barwick only; holiday pay subject to determination. Judicial note: calculation should be on a pro-rata basis for 1 April to 31 July 2020 at full contractual pay. | Other | — | — |
| Breach of contract | Both claimants; notice pay upheld, with value to be determined. Judicial note: calculation should be for a 4-week notice period at full amount of contractual pay. | Upheld | — | — |
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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