Case 1809172/2023 · Employment Tribunal
Mr J Spivey v RB Recycling Scarborough Limited — 2024
- Case reference
- 1809172/2023
- Decision date
- 6 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brain Date
Parties
2 namedClaimant
Mr J Spivey
Respondent
Key findings
Tribunal's reasoningThe claim was determined under Rule 21 of the Employment Tribunals Rules of Procedure 2013, the respondent having presented a response indicating it did not defend the claim. The Employment Judge concluded that a determination could properly be made on the papers.
The tribunal found that the respondent had made unauthorised deductions from the claimant's wages and ordered payment of £387.58 gross. It further found that the claimant had been dismissed in breach of contract, his employment having been terminated without notice in circumstances where he was not liable to summary dismissal, and ordered damages of £3,488.22 representing nine weeks' net wages.
The tribunal also found that the claimant had been dismissed by reason of redundancy and was entitled to a statutory redundancy payment of £4,046.00, and that the respondent had failed to pay the claimant's holiday entitlement, ordering £2,665.60 in respect of 28 days' gross wages. The hearing previously listed for 01 July 2024 was cancelled.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Tribunal found unauthorised deductions from wages; gross amount £387.58 ordered. | Upheld | — | £388 |
| Breach of contract | Dismissed without notice in circumstances where claimant was not liable to summary dismissal; damages equivalent to nine weeks' net wages (£3,488.22). | Upheld | — | £3,488 |
| Redundancy | Claimant dismissed by reason of redundancy; statutory redundancy payment of £4,046.00 ordered. | Upheld | — | £4,046 |
| Holiday pay | Respondent failed to pay holiday entitlement; £2,665.60 ordered, being 28 days' gross wages. Listed by gov.uk under Working Time Regulations. | Upheld | — | £2,666 |
Remedy
Monetary award- Total award
- £10,588
- across all upheld claims
Legal tests applied
1 reference- Rule 21 of the Employment Tribunals Rules of Procedure 2013
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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