Case 1804751/2019 · Employment Tribunal
Mr A Birtwistle v Northside Truck and Van Limited AT A HEARING — 2019
- Case reference
- 1804751/2019
- Decision date
- 13 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Leeds
Parties
2 namedClaimant
Mr A Birtwistle
Key findings
Tribunal's reasoningAt a hearing in Leeds on 13 December 2019 before Employment Judge Lancaster, the tribunal dealt with the claimant's unlawful deduction from wages claims and the respondent's contract claim. The tribunal held that the claim for all unauthorised deductions from wages arising from payments made before 10 September 2017 was outside its jurisdiction and struck it out under section 23(4A) of the Employment Rights Act 1996.
The tribunal then found that the claim for an unauthorised deduction from wages in respect of commission properly payable for May 2019 was well founded. By consent, the respondent was ordered to pay the claimant £1,250 compensation for that claim.
The respondent's contract claim was also struck out for want of jurisdiction, the tribunal referring to article 4(d) of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994. No other remedy findings were recorded in the judgment beyond the £1,250 award on the May 2019 commission claim.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | All unauthorised deductions from wages from payments made before 10 September 2017; struck out because the Tribunal had no jurisdiction under section 23(4A) Employment Rights Act 1996. | Struck out | — | — |
| Unlawful deduction from wages | Unauthorised deduction from wages due in respect of commission properly payable for May 2019; allowed by consent and compensation of £1,250 ordered. | Upheld | — | £1,250 |
| Breach of contract | Respondent's contract claim; struck out because the Tribunal had no jurisdiction under article 4(d) of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994. | Struck out | — | — |
Remedy
Monetary award- Total award
- £1,250
- across all upheld claims
- Compensatory award
- £1,250
- compensatory remedy recorded
Legal tests applied
2 references- section 23(4A) Employment Rights Act 1996
- article 4(d) Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994
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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