Case 1600279/2021 · Employment Tribunal
Mr D Boswell v Bob Jones, Prytherch & Co Marts Limited — 2021
- Case reference
- 1600279/2021
- Decision date
- 22 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Harfield
Parties
2 namedClaimant
Mr D Boswell
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Mr D Boswell was constructively unfairly dismissed by Bob Jones, Prytherch & Co Marts Limited. The judgment states that the respondent had ceased to trade, and that this amounted to a fundamental breach of contract. On that basis, the claimant was treated as dismissed by reason of redundancy.
A statutory redundancy payment of £5,777 was ordered, calculated as 26.5 weeks at £218 per week after grossing up the claimant’s net monthly wage of £906 to £945 per month. The tribunal also awarded £2,616 for dismissal in breach of contract in respect of notice, stated as 12 x £218.
The tribunal further ordered £1,090 gross for accrued and outstanding holiday entitlement, calculated as 25 x £43.60, and £3,780 gross for wages unpaid from 1 October 2020 to 31 January 2021. The judgment notes that a previous County Court judgment had already covered wages up to September 2020, and records that the claimant is responsible for any tax or employee national insurance due on the gross sums. The total ordered was £13,263 gross.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was constructively unfairly dismissed because the respondent had ceased to trade and there was a fundamental breach of contract. | Upheld | — | — |
| Redundancy | The tribunal held the claimant was dismissed by reason of redundancy and awarded a statutory redundancy payment of £5,777. | Upheld | — | £5,777 |
| Wrongful dismissal | Damages for breach of contract in respect of notice were awarded at £2,616, calculated as 12 x £218. | Upheld | — | £2,616 |
| Holiday pay | The tribunal found accrued and outstanding holiday entitlement on termination and awarded £1,090 gross, calculated as 25 x £43.60. | Upheld | — | £1,090 |
| Unlawful deduction from wages | The tribunal found unpaid wages from 1 October 2020 to 31 January 2021 and awarded £3,780 gross, noting that a previous County Court judgment had already covered wages up to September 2020. | Upheld | — | £3,780 |
Remedy
Monetary award- Total award
- £13,263
- 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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