Case 1804308/2019 · Employment Tribunal
Mr G Burn (by his personal representative Ms J De-Vries) v Martin Williams (Hull) Limited AT A HEARING — 2020
- Case reference
- 1804308/2019
- Decision date
- 7 July 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Leeds
Parties
2 namedClaimant
Mr G Burn (by his personal representative Ms J De-Vries)
Key findings
Tribunal's reasoningAt a remote hearing on 7 July 2020, Employment Judge Lancaster dealt with the case on the papers by telephone conference call. The tribunal refused leave to add a claim of unfair dismissal, so that issue was not determined on the merits.
The tribunal found that the claimant had been dismissed by reason of redundancy, applying s.163(4) of the Employment Rights Act 1996, and ordered the respondent to pay a redundancy payment of £8,382 to the claimant's estate.
It also found that the claimant had been wrongfully dismissed and ordered damages for breach of contract in the sum of £911.54 gross, being the balance of notice pay due. In addition, the tribunal found that 0.75 days of accrued but untaken holiday remained unpaid up to 29 March 2019 and awarded £109.62 gross.
Finally, the tribunal found that the respondent unreasonably failed to provide a written statement of the reason for dismissal and, under s.93(2)(b) of the Employment Rights Act 1996, ordered payment to the estate of a sum equal to two weeks' pay, assessed at £1,461.54.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Leave was refused to add a claim of unfair dismissal; the merits were not determined. | Other | — | — |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy under s.163(4) ERA 1996 and ordered a redundancy payment. | Upheld | — | £8,382 |
| Wrongful dismissal | Awarded as damages for breach of contract, being the balance of notice pay due. | Upheld | — | £912 |
| Holiday pay | The tribunal found 0.75 days of accrued but untaken holiday remained unpaid up to 29 March 2019. | Upheld | — | £110 |
| Other | The tribunal found the respondent unreasonably failed to provide a written statement of the reason for dismissal and awarded a sum equal to two weeks' pay under s.93(2)(b) ERA 1996. | Upheld | — | £1,462 |
Remedy
Monetary award- Total award
- £10,865
- across all upheld claims
Legal tests applied
2 references- s.163(4) ERA 1996
- s.93(2)(b) ERA 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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