Case 1800754/2023 · Employment Tribunal
Ms Kimberley Thornton v Riviera Multimedia Ltd — 2023
- Case reference
- 1800754/2023
- Decision date
- 4 August 2023
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Ms Kimberley Thornton
Respondent
Key findings
Tribunal's reasoningThe claimant attended in person, assisted by her partner, and the tribunal accepted her evidence in full. The respondent did not attend or respond. The tribunal recorded that the claimant had last been paid salary for the month ending 31 October 2021 and that she had previously obtained judgment for salary from 31 October 2021 to 31 May 2022 in claim 1800318/2022, which remained unpaid and had not been successfully enforced.
The unfair dismissal complaint failed because the tribunal found it related to a termination date postdating presentation of the claim, so in that respect the claim was a nullity. Even so, the tribunal found that employment had been signified as ended when the claimant was locked out of her workplace, and it concluded that she remained entitled to a redundancy payment under s.135 ERA 1996 in the sum of £6,265.44.
The tribunal also upheld the claimant's notice pay claim as a breach of contract claim, awarding 12 weeks' pay at £348.08 gross per week, amounting to £4,176.96. It upheld the holiday entitlement claim under s.13 ERA and the Working Time Regulations 1998 for 6.25 days at £79.39 per day, amounting to £496.19 gross. It further upheld the claim for unpaid salary, finding that 10 months' wages had been unlawfully withheld at £1,508.33 per month, producing an award of £15,083.30. The total current judgment award was £26,021.89 gross.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held the unfair dismissal complaint failed because it related to a termination date postdating presentation of the claim, so that part of the claim was treated as a nullity. | Dismissed | — | — |
| Redundancy | The tribunal declared under s.135 ERA 1996 that the claimant was entitled to a redundancy payment based on age 40, 18 completed years' service, and a gross weekly pay rate of £348.08. | Upheld | — | £6,265 |
| Breach of contract | The tribunal found the respondent breached the contract by failing to give notice or pay in lieu, and awarded 12 weeks' pay at £348.08 gross per week. | Upheld | — | £4,177 |
| Holiday pay | The tribunal upheld the claim for 6.25 days' holiday entitlement at £79.39 per day, referring to s.13 ERA and the Working Time Regulations 1998. | Upheld | — | £496 |
| Unlawful deduction from wages | The tribunal found the respondent had unlawfully withheld 10 months' salary at a gross monthly rate of £1,508.33, producing an award of £15,083.30. | Upheld | — | £15,083 |
Remedy
Monetary award- Total award
- £26,022
- across all upheld claims
Legal tests applied
3 references- s.135 ERA 1996
- s.13 ERA 1996
- Working Time Regulations 1998
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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