Case 1604163/2024 · Employment Tribunal
Mrs M Johnston Baroch v Axis Chiropractic Newport Ltd — 2025
- Case reference
- 1604163/2024
- Decision date
- 29 August 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Representation
- Venue
- By video
Parties
2 namedClaimant
Mrs M Johnston Baroch
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims of victimisation, holiday pay (unauthorised deduction from wages) and a complaint regarding the respondent's failure to provide a written statement of employment particulars. The tribunal, sitting as Employment Judge S Moore alone by video, heard the case on 19, 20 and 21 August 2025. The victimisation claim was found not well founded and was dismissed.
The holiday pay claim was upheld: the tribunal found that the respondent had made an unauthorised deduction from the claimant's wages by failing to pay her for holidays accrued but not taken at the date her employment ended, and ordered payment of £1,301.51 (with the claimant responsible for any tax or National Insurance).
In relation to the written statement of employment particulars, the tribunal found that when the proceedings were begun the respondent was in breach of its duty. It concluded there were no exceptional circumstances making a two-week award unjust or inequitable, and that it was not just and equitable to make a four-week award. Accordingly, under section 38 Employment Act 2002, the respondent was ordered to pay £347.23. The total sum payable was £1,648.74.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Victimisation | Tribunal found the victimisation claim not well founded and dismissed it. | Dismissed | — | — |
| Holiday pay | Tribunal found the respondent made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken at termination. | Upheld | — | £1,302 |
| Other | Award under section 38 Employment Act 2002 for breach of duty to provide a written statement of employment particulars; tribunal awarded two weeks' gross pay. | Upheld | — | £347 |
Remedy
Monetary award- Total award
- £1,649
- across all upheld claims
Legal tests applied
1 reference- 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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