Case 1600759/2024 · Employment Tribunal
Miss Carly Roberts v Mr Alan Proto — 2024
- Case reference
- 1600759/2024
- Decision date
- 13 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Representation
- Venue
- By video
Parties
2 namedClaimant
Miss Carly Roberts
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment issued by Employment Judge S Moore on 13 June 2024 following a video hearing. The claim was issued in the Wales Employment Tribunal on 9 March 2024 and the respondent failed to present a valid response on time, so the Employment Judge determined the claim under rule 21 of the Employment Tribunals Rules of Procedure 2013. The claimant appeared in person; the respondent did not attend.
The tribunal found that the respondent had failed to give the claimant written itemised pay statements as required by section 8 of the Employment Rights Act 1996 between June and December 2023. The complaint of unauthorised deductions from wages was well-founded in respect of the period 27 November 2023 to 8 December 2023, and the respondent was ordered to pay £1,200.00 gross. The complaint of breach of contract relating to notice pay was also well-founded, with £600.00 awarded as damages calculated on a gross basis to reflect likely Post Employment Notice Pay tax treatment.
The complaint in respect of holiday pay was well-founded as an unauthorised deduction arising from the respondent's failure to pay for holidays accrued but not taken on the date employment ended, with £1,828.00 awarded. The total sum the respondent was ordered to pay the claimant was £3,628.00.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages in the period 27 November 2023 to 8 December 2023; gross sum deducted £1,200.00. | Upheld | — | £1,200 |
| Breach of contract | Breach of contract in relation to notice pay; £600.00 damages calculated using gross pay to reflect likely tax as Post Employment Notice Pay. | Upheld | — | £600 |
| Holiday pay | Unauthorised deduction from wages by failing to pay for holidays accrued but not taken on the date employment ended. | Upheld | — | £1,828 |
| Other | Tribunal recorded that the respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period June–December 2023. No separate monetary award was attached to this finding. | Upheld | — | — |
Remedy
Monetary award- Total award
- £3,628
- across all upheld claims
Legal tests applied
2 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- section 8 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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