Case 1804693/2023 · Employment Tribunal
Mr M Kerrywood v MHXB Ltd (In Creditors Voluntary Liquidation) — 2024
- Case reference
- 1804693/2023
- Decision date
- 2 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Miller Representation
Parties
2 namedClaimant
Mr M Kerrywood
Key findings
Tribunal's reasoningAt Hull by video on 2 January 2024, Employment Judge Miller found three heads of claim well-founded against MHXB Ltd (in creditors voluntary liquidation). The tribunal held that the respondent had made an unauthorised deduction from the claimant's wages on 31 August 2022 and ordered payment of £2,054.53 gross, with the claimant responsible for any tax or National Insurance due on that sum.
The tribunal also upheld the holiday pay complaint, finding that holiday accrued but not taken when the employment ended had not been paid. It awarded £1,534.62, again recording that the claimant was responsible for any tax or National Insurance on that payment. The notice pay claim was also upheld as a breach of contract claim, and £1,666.67 was awarded as damages calculated using gross pay to reflect the likelihood of tax treatment as Post Employment Notice Pay.
On time limits, the tribunal recorded that the claim had not been presented within the applicable period, but that it was not reasonably practicable to do so and that it had been presented within a further reasonable period. The total award across the three successful claims was £5,255.82.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages on 31 August 2022. | Upheld | — | £2,055 |
| Holiday pay | Unpaid holiday accrued but not taken on termination. | Upheld | — | £1,535 |
| Breach of contract | Notice pay awarded as damages calculated using gross pay. | Upheld | — | £1,667 |
Remedy
Monetary award- Total award
- £5,256
- across all upheld claims
Legal tests applied
2 references- not reasonably practicable
- further reasonable period
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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