Case 1600846/2023 · Employment Tribunal

Ms S Ashworth v Mrs Christine Charlton (acting for the estate of Mr Brian Charlton) Heard: By video — 2024

Case reference: 1600846/2023
Decision date: 30 September 2024
Jurisdiction: England & Wales
Judge: Employment Judge S Moore Representation

Indexed: 17 May 2026

Parties

2 named

Claimant

Ms S Ashworth

Respondent

Mrs Christine Charlton (acting for the estate of Mr Brian Charlton) Heard: By video

Key findings

Tribunal's reasoning

This was a Rule 21 judgment issued after the respondent failed to present a valid response in time. Employment Judge S Moore, sitting alone by video on 18 September 2024, determined the claims on the papers under rule 21 of the Employment Tribunals Rules of Procedure 2013. The claimant was represented by Ms Ibbotson of counsel; the respondent did not attend.

All complaints were found to be well-founded. The tribunal upheld claims of unauthorised deductions from wages for January 2023, breach of contract in respect of notice pay, unpaid accrued holiday pay, entitlement to a statutory redundancy payment under sections 163 and 174(2) of the Employment Rights Act 1996, and unfair dismissal. A separate award was also made under section 38 of the Employment Act 2002 for the respondent's breach of duty to provide a written statement of employment particulars.

Monetary awards comprised £557.50 for unlawful deduction from wages, £1,029.20 for breach of contract (notice pay, calculated on gross pay), £205.33 for holiday pay, £1,542.81 for the redundancy payment, a compensatory award of £1,792.30 for unfair dismissal (calculated as 27.5 weeks loss less 8 weeks compensated under wrongful dismissal) plus £500.00 for loss of statutory rights, and £257.30 (two weeks' gross pay) for the section 38 award. The Recoupment Regulations 1996 do not apply.

Claims and outcomes

6 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unlawful deduction from wages	Unauthorised deduction from wages in January 2023; gross sum awarded.	Upheld	—	£558
Breach of contract	Damages for notice pay, calculated using gross pay to reflect likely tax on Post Employment Notice Pay.	Upheld	—	£1,029
Holiday pay	Failure to pay for holidays accrued but not taken on termination; tribunal treated this as an unauthorised deduction from wages.	Upheld	—	£205
Redundancy	Entitlement determined under sections 163 and 174(2) Employment Rights Act 1996.	Upheld	—	£1,543
Unfair dismissal	Compensatory award of £1,792.30 (27.5 weeks loss minus 8 weeks compensated under wrongful dismissal) plus £500.00 for loss of statutory rights. Recoupment Regulations do not apply.	Upheld	—	£2,292
Other	Failure to provide a written statement of employment particulars; award of two weeks' gross pay under section 38 Employment Act 2002.	Upheld	—	£257

Remedy

Monetary award

Total award: £5,884; across all upheld claims
Compensatory award: £2,292; compensatory remedy recorded

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

Published on gov.uk under the Open Government Licence v3.0.

How we got this data

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