Case 1802554/2022 · Employment Tribunal
Mr K Aston v RM Motor Engineers Ltd t/a The Garage Howden — 2023
- Case reference
- 1802554/2022
- Decision date
- 6 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge K Armstrong REPRESENTATION
- Venue
- Leeds
Parties
2 namedClaimant
Mr K Aston
Key findings
Tribunal's reasoningThe tribunal found that the respondent made unauthorised deductions from the claimant’s wages in the net sum of £223.43 and ordered compensation in that amount. It also found that the claimant was automatically unfairly dismissed for assertion of a statutory right within s.104 Employment Rights Act 1996. For that dismissal claim, the tribunal awarded a compensatory award of £10,686 and then applied a 25% uplift for breach of the ACAS code of practice, producing a further £2,671.50.
On the discrimination claim, the tribunal found that the respondent discriminated against the claimant within the meaning of s.13 Equality Act 2010 by treating him less favourably because of age. It awarded £6,000 for injury to feelings and interest on that award at 8% per annum from 21 February 2022 to 6 February 2023, amounting to £461.
The tribunal also found that the respondent failed to provide a written statement of initial employment particulars. It held that it was just and equitable to award the higher amount and ordered £1,560 under s.38 Employment Act 2002. The monetary awards recorded in the judgment total £21,601.93.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages in a net sum of £223.43 and ordered compensation accordingly. | Upheld | — | £223 |
| Unfair dismissal | The tribunal found the claimant was automatically unfairly dismissed for asserting a statutory right within s.104 Employment Rights Act 1996. It awarded a compensatory award of £10,686 and uplifted that by 25% for breach of the ACAS code of practice on disciplinary and grievance procedures, being £2,671.50. | Upheld | — | £13,358 |
| Age discrimination | The tribunal found less favourable treatment because of age contrary to s.13 Equality Act 2010. It awarded £6,000 for injury to feelings and £461 interest at 8% per annum from 21 February 2022 to 6 February 2023. | Upheld | Age | £6,461 |
| Other | The tribunal found the respondent failed to provide a written statement of initial employment particulars and, considering it just and equitable to award the higher amount, ordered £1,560 under s.38 Employment Act 2002. | Upheld | — | £1,560 |
Remedy
Monetary award- Total award
- £21,602
- across all upheld claims
- Compensatory award
- £10,686
- compensatory remedy recorded
Legal tests applied
4 references- s.104 Employment Rights Act 1996
- ACAS code of practice on disciplinary and grievance procedures
- s.13 Equality Act 2010
- s.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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