Case 1807610/2023 · Employment Tribunal
Mr M Burnside v Whitelock Developments Ltd — 2024
- Case reference
- 1807610/2023
- Decision date
- 20 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Davies Date
Parties
2 namedClaimant
Mr M Burnside
Respondent
Key findings
Tribunal's reasoningThe respondent did not present a response, so the tribunal determined the case under Rule 21 on the information available. On that basis, Employment Judge Davies found that the claimant's complaints of unfair dismissal and wrongful dismissal, and his claim for pay in lieu of accrued but untaken holiday, were well-founded and succeeded.
The tribunal awarded £5,250 for notice pay, calculated gross to reflect the likelihood that the claimant would have to pay tax on it as post-employment notice pay. It also awarded a basic award of £6,751.50, based on a capped weekly pay figure of £643, seven complete years' service, and age at dismissal of 54, together with a compensatory award of £3,490, calculated by reference to the net equivalent of £598 a week for five additional weeks' loss plus £500 for loss of statutory rights.
No ACAS uplift was payable because there had been no disciplinary or grievance process. The total sum ordered was £15,491.50, and the judgment states that if any tax is payable, the claimant is responsible for paying it.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Basic award of £6,751.50 and compensatory award of £3,490 were awarded for unfair dismissal. No ACAS uplift was payable. | Upheld | — | £10,242 |
| Wrongful dismissal | Notice pay of £5,250 was awarded, calculated gross as post-employment notice pay because of the likelihood of tax being payable. | Upheld | — | £5,250 |
| Holiday pay | The judgment says the claim for pay in lieu of accrued but untaken holiday was well-founded and succeeded, but no separate sum appears in the award and the claimant had not included any amount for it in his calculation. | Upheld | — | — |
Remedy
Monetary award- Total award
- £15,492
- across all upheld claims
- Basic award
- £6,752
- statutory, unfair dismissal
- Compensatory award
- £3,490
- compensatory remedy recorded
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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