Case 1800759/2019 · Employment Tribunal
Mr P Lassey, of Counsel v Miss L Howes, Solicitor — 2019
- Case reference
- 1800759/2019
- Decision date
- 1 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Hull
Parties
2 namedClaimant
Mr P Lassey, of Counsel
Respondent
Key findings
Tribunal's reasoningMr J Stone brought claims against Burflex (Scaffolding) Limited. The tribunal held that he was dismissed, but not for an automatically unfair reason, and dismissed the unfair dismissal complaint under section 104 of the Employment Rights Act 1996.
On the money claims, the tribunal declared an unauthorised deduction from wages in respect of holiday pay taken or accrued and owing at termination. No compensation order was made on that issue because the outstanding sum of £1,385.92 had already been paid.
The tribunal also found an unauthorised deduction from wages of £319.00 for vehicle repairs and ordered repayment of that amount. It added a further £63.80, being a 20% uplift, because of the respondent's unreasonable failure to follow the ACAS Code of Practice on grievances.
Finally, the tribunal ordered an additional award of £2,032.00, described as 4 weeks' pay, because the respondent had failed to provide the claimant with a written statement of his terms and conditions of employment. The judgment did not identify any lay members.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant was dismissed, but the tribunal found it was not for an automatically unfair reason and dismissed the section 104 ERA unfair dismissal complaint. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal declared an unauthorised deduction from wages in relation to holiday pay taken or accrued and owing at termination, but made no compensation order because the outstanding sum of £1,385.92 had already been paid. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages of £319.00 for vehicle repairs and ordered repayment of that sum, plus a 20% uplift of £63.80 for the respondent's unreasonable failure to follow the ACAS Code of Practice on grievances. | Upheld | — | £383 |
| Other | The tribunal made an additional award of £2,032.00, described as 4 weeks' pay, because the respondent failed to provide the claimant with a written statement of his terms and conditions of employment. | Upheld | — | £2,032 |
Remedy
Monetary award- Total award
- £2,415
- across all upheld claims
Legal tests applied
2 references- section 104 Employment Rights Act 1996
- ACAS Code of Practice on Grievances
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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