Case 1600567/2023 · Employment Tribunal
Mr A Gilbey v Pear UK West Limited — 2023
- Case reference
- 1600567/2023
- Decision date
- 29 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Representation
- Venue
- Cardiff
Parties
2 namedClaimant
Mr A Gilbey
Respondent
Key findings
Tribunal's reasoningThe case was dealt with as a Rule 21 judgment after the respondent did not attend the hearing in Cardiff on 24 August 2023 before Employment Judge S Moore. The tribunal recorded that the claimant's unfair dismissal claim contrary to section 94 of the Employment Rights Act 1996 succeeded, and it found that the dismissal was by reason of redundancy.
On remedy, the tribunal awarded a redundancy payment of £1,610.55 and a compensatory award of £3,665.91 for unfair dismissal. Credit was given for a termination payment of £1,088.25 already made by the respondent, leaving £2,577.66 payable under the compensatory award.
The tribunal also upheld the claimant's separate monetary claims for notice pay in breach of contract (£1,402.00), unauthorised deduction from wages (£210.00), and unpaid holiday entitlement (£140.00). It further stated that the respondent was in breach of its duty under section 4(1) Employment Rights Act 1996 and ordered 4 weeks' pay, net £1,402.00. The aggregate award from the judgment is £7,342.21. The extracted text contains no fuller reasons beyond the template findings, and no discrimination claims were recorded.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the claimant was unfairly dismissed and that the dismissal was by reason of redundancy. The respondent was ordered to pay a compensatory award of £3,665.91, with credit for a termination payment of £1,088.25 already made, leaving £2,577.66 payable. | Upheld | — | £2,578 |
| Redundancy | The tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment of £1,610.55. | Upheld | — | £1,611 |
| Breach of contract | The claimant succeeded in a breach of contract claim in respect of notice and was awarded damages in the net sum of £1,402.00. | Upheld | — | £1,402 |
| Unlawful deduction from wages | The tribunal found that the respondent had made an unauthorised deduction from the claimant's wages and ordered payment of £210.00 net. | Upheld | — | £210 |
| Holiday pay | The tribunal found that the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £140.00 net. | Upheld | — | £140 |
| Other | The tribunal said the respondent was in breach of its duty to the claimant under section 4(1) Employment Rights Act 1996 and ordered payment of 4 weeks' pay, the net sum being £1,402.00. The extracted text gives no further explanation of this head of claim. |
Remedy
Monetary award- Total award
- £7,342
- across all upheld claims
- Compensatory award
- £2,578
- compensatory remedy recorded
Legal tests applied
3 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- section 94 Employment Rights Act 1996
- section 4(1) Employment Rights Act 1996
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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