Case 1600147/2023 · Employment Tribunal
Ms W Richards v Mr K M Bowen — 2023
- Case reference
- 1600147/2023
- Decision date
- 24 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T. Vincent Ryan
Parties
2 namedClaimant
Ms W Richards
Respondent
Key findings
Tribunal's reasoningThe claimant's claim for unauthorised deductions from wages was dismissed because she withdrew it. The tribunal then found that the respondent had failed to pay five days' accrued holiday pay and, having accepted that liability, ordered payment of £622.50 subject to the usual statutory deductions.
On notice, the tribunal found that the claimant had been dismissed in breach of contract with regard to due notice of termination, but made no separate award because the compensation awarded on the dismissal claim covered it. The tribunal also found that the claimant had been unfairly, constructively, dismissed by reason of a fundamental breach of the implied term of trust and confidence.
For the unfair dismissal claim, the tribunal awarded a basic award of £3,426.00 and a compensatory award of £19,968.50, made up of £19,346.00 for loss of earnings and £622.50 for loss of statutory rights. It then applied a 10% uplift for breach of the ACAS Code, producing an additional £1,996.85 and a grand total of £25,391.35 for that claim. The judgment also recorded recoupment information, including a prescribed element of £19,346.00 for the period 21.11.22 to 18.07.23 and an excess of £622.50.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal recorded that this claim was dismissed upon the claimant withdrawing it. | Withdrawn | — | — |
| Holiday pay | The respondent conceded liability for five days' accrued holiday pay; the award was subject to the usual statutory deductions. | Upheld | — | £623 |
| Breach of contract | The tribunal found the dismissal was in breach of contract as to notice, but made no separate award in light of the award below. | Upheld | — | — |
| Unfair dismissal | The tribunal found the claimant was unfairly, constructively, dismissed by reason of a fundamental breach of the implied term of trust and confidence. The text states the dismissal was on 21 November 2023, which is inconsistent with the July 2023 hearing and judgment dates in the heading. | Upheld | — | £25,391 |
Remedy
Monetary award- Total award
- £26,014
- across all upheld claims
- Basic award
- £3,426
- statutory, unfair dismissal
- Compensatory award
- £19,969
- compensatory remedy recorded
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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