Case 1805883/2022 · Employment Tribunal
Mr C Pickles v Northern Trade Windows (Pennines) Limited HELD in Leeds by CVP — 2023
- Case reference
- 1805883/2022
- Decision date
- 2 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shulman REPRESENTATION
Parties
2 namedClaimant
Mr C Pickles
Key findings
Tribunal's reasoningThe claimant, Mr C Pickles, was employed as a delivery driver from 12 April 2022 until he resigned on 31 August 2022. The tribunal recorded that he admitted he had resigned. The judgment identified three types of claim: notice pay, holiday pay, and unauthorised deduction of wages in two periods.
For the notice pay claim, the tribunal referred to section 86 of the Employment Rights Act 1996 and held that the claim failed because the claimant himself terminated the contract. The tribunal therefore found he was not entitled to notice pay.
The holiday pay claim failed because the claimant admitted during the hearing that he had been paid the three days' holiday pay on 4 November 2022. The first wages claim, which had originally been framed for 22 August 2022 to 26 August 2022, was abandoned in substance when the claimant accepted that he had been paid for that period and instead advanced a claim for 12 April 2022 to 15 April 2022; he then accepted in cross-examination that he had in fact been paid for that period.
The second wages claim for 29 August 2022 to 2 September 2022 also failed. The claimant accepted that he did not work on 1 or 2 September 2022, that he had resigned on 31 August 2022, and that he had been paid for 29 August 2022 to 31 August 2022 on 4 November 2022. The tribunal said that, by the end of the claimant's evidence and before the respondent opened its case, each claim had no substance and was dismissed.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Claim for notice pay dismissed because the claimant had resigned, so he was not entitled to notice pay. | Dismissed | — | — |
| Holiday pay | Claim for three days' holiday pay dismissed after the claimant admitted during the hearing that he had been paid this holiday pay on 4 November 2022. | Dismissed | — | — |
| Unlawful deduction from wages | Claim for wages for 12 April 2022 to 15 April 2022 dismissed after the claimant admitted in cross-examination that he had been paid for that period; the judgment notes this was substituted during the hearing for an earlier claim for 22 August 2022 to 26 August 2022, which the claimant also accepted had been paid. | Dismissed | — | — |
| Unlawful deduction from wages | Claim for wages for 29 August 2022 to 2 September 2022 dismissed after the claimant accepted he did not work on 1 and 2 September 2022, had resigned on 31 August 2022, and had been paid for 29 August 2022 to 31 August 2022 on 4 November 2022. | Dismissed | — | — |
Legal tests applied
1 reference- section 86 Employment Rights Act 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.