Case 1405248/2023 · Employment Tribunal
In Person v 3MS Construction Ltd and Secretary of State for Business and Trade — 2024
- Case reference
- 1405248/2023
- Decision date
- 20 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail Appearances
- Venue
- Exeter
Parties
2 namedClaimant
In Person
Key findings
Tribunal's reasoningMr Dicker gave 4 weeks' notice on 7 July 2023, expiring on 4 August 2023. The First Respondent ended that notice 4 days early, with effect from 31 July 2023, and did not pay those 4 days. The tribunal held that this was a breach of contract and, after crediting the 4 days already paid by the Insolvency Service at £403 net, found that £153.58 net remained due for unpaid notice.
The tribunal also found that Mr Dicker had accrued 6.8 days of untaken and unpaid holiday as at 4 August 2023. The First Respondent had paid 4.75 days, leaving 2.05 days unpaid. Applying a daily rate of £169.36, the tribunal awarded £347.18 gross for holiday pay.
The total payable by the First Respondent was £500.76 within 14 days. The judgment also recorded that if the First Respondent paid nothing further for holiday pay within that time, the Second Respondent should pay 2 days' holiday pay. Mr Dicker's oral application to add a claim for a redundancy payment was refused.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The claimant gave 4 weeks' notice on 7 July 2023 to expire on 4 August 2023, but the first respondent terminated it 4 days early with effect from 31 July 2023. The tribunal found that, after crediting 4 days already paid by the Insolvency Service at £403 net, £153.58 net remained due for unpaid notice. | Upheld | — | £154 |
| Holiday pay | The tribunal found that the claimant had accrued 6.8 days of untaken and unpaid holiday as at 4 August 2023. The first respondent had paid 4.75 days, leaving 2.05 days outstanding, and the tribunal awarded £347.18 gross at a daily rate of £169.36. | Upheld | — | £347 |
Remedy
Monetary award- Total award
- £501
- 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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