Case 1804799/2021 · Employment Tribunal
Claimant v Wilkinson v Mr A Lindsay — 2021
- Case reference
- 1804799/2021
- Decision date
- 19 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge K Armstrong Representation
- Venue
- Leeds
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe tribunal granted the respondent an extension of time until 19 October 2021 to file his ET3 response form. The hearing took place at Leeds Employment Tribunal via CVP on 8 November 2021 before Employment Judge K Armstrong, with both parties attending in person.
On the merits, the tribunal found that the respondent made an unauthorised deduction from the claimant's pay of £1,880.96. It calculated this by reference to 24 days worked and 2 days' holiday payable at the full contractual rate, comprising £2,999.98 basic salary, £273.45 overtime and £107.53 mileage, less a single payment of £1,500.
The tribunal also ordered payment of £149.99 for accrued but untaken holiday pay and £462.73 net in respect of notice pay. It further found that the respondent had failed to provide written particulars of employment as required by s.2 ERA 1996 and increased the award by £1,153.84. The monetary sums awarded in the decision totalled £3,647.52.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Calculated by reference to 24 days worked, 2 days' holiday payable at the full contractual rate, £2,999.98 basic salary, £273.45 overtime, £107.53 mileage, and one payment of £1,500 already made. | Upheld | — | £1,881 |
| Holiday pay | Holiday pay accrued but untaken at the date of termination of employment. | Upheld | — | £150 |
| Breach of contract | Notice pay awarded as a net figure. | Upheld | — | £463 |
| Other | Failure to provide written particulars of employment under s.2 ERA 1996; the award was increased by this amount. | Upheld | — | £1,154 |
Remedy
Monetary award- Total award
- £3,648
- across all upheld claims
Legal tests applied
1 reference- s.2 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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