Case 1602228/2023 · Employment Tribunal
Mrs H L Murphy v Mr Ben Chick trading as Made to Shine Cleaning — 2024
- Case reference
- 1602228/2023
- Decision date
- 8 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Date
Parties
2 namedClaimant
Mrs H L Murphy
Key findings
Tribunal's reasoningThis was a Rule 21 judgment issued after the respondent failed to present a valid response on time to a claim brought in the Wales Employment Tribunals on 24 September 2023. The Employment Judge determined the claim on the papers under rule 21 of the Employment Tribunals Rules of Procedure 2013.
The tribunal dismissed the holiday pay complaint as not well founded. The breach of contract complaint relating to notice pay was upheld, and the respondent was ordered to pay £196.80 in damages, calculated on gross pay to reflect the likelihood that the claimant would have to pay tax on it as Post Employment Notice Pay. The tribunal further found the respondent had been in breach of its duty to provide a written statement of employment particulars when the proceedings were begun and made an award under section 38 of the Employment Act 2002 equal to two weeks' gross pay (£392.40), declining to make the higher four-week award.
In addition, the tribunal made a preparation time order of £451.00 in favour of the claimant. The respondent was ordered to pay the claimant £1,037.20 in total.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The complaint in respect of holiday pay was found not well founded and was dismissed. | Dismissed | — | — |
| Breach of contract | Breach of contract in relation to notice pay; damages calculated on gross pay to reflect likely tax on Post Employment Notice Pay. | Upheld | — | £197 |
| Other | Award under section 38 Employment Act 2002 for failure to provide a written statement of employment particulars; equivalent to two weeks' gross pay. | Upheld | — | £392 |
Remedy
Monetary award- Total award
- £1,037
- across all upheld claims
Legal tests applied
2 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- section 38 Employment Act 2002
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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