Case 1801007/2019 · Employment Tribunal
Mr M Kemp v XS Fitness Limited — 2019
- Case reference
- 1801007/2019
- Decision date
- 24 July 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wedderspoon REPRESENTATION
Parties
2 namedClaimant
Mr M Kemp
Respondent
Key findings
Tribunal's reasoningMr M Kemp brought claims against XS Fitness Limited including holiday pay, notice pay and unfair dismissal. The tribunal recorded that the holiday pay and notice pay claims were dismissed upon withdrawal. It found that the claimant was unfairly dismissed.
On remedy for the unfair dismissal claim, the tribunal made a total monetary award of £5,129. It recorded a basic award of £475 and a compensatory award of £4,654. The prescribed element was £3,745, covering the period from 07/01/2019 to 25/06/2019, and the difference between the total award and the prescribed element was £1,384.
The judgment stated that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied. It explained that the Secretary of State could recoup benefits paid to the claimant, or the prescribed element if less, by serving a notice on the respondent, and that the respondent was not required to pay the prescribed element to the claimant until a recoupment notice was served or the Secretary of State notified it in writing that no notice would be served.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Dismissed upon withdrawal. | Withdrawn | — | — |
| Breach of contract | Notice pay claim dismissed upon withdrawal. | Withdrawn | — | — |
| Unfair dismissal | The tribunal awarded a total monetary award of £5,129, made up of a basic award of £475 and a compensatory award of £4,654. The prescribed element was £3,745 for the period 07/01/2019 to 25/06/2019. | Upheld | — | £5,129 |
Remedy
Monetary award- Total award
- £5,129
- across all upheld claims
- Basic award
- £475
- statutory, unfair dismissal
- Compensatory award
- £4,654
- compensatory remedy recorded
Legal tests applied
2 references- Employment Protection (Recoupment of Benefits) Regulations 1996
- s.123 Employment Rights Act 1996
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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