Case 2204806/2023 · Employment Tribunal
Miss R Burke v New Place Construction Ltd (in voluntary liquidation) and 2 others — 2023
- Case reference
- 2204806/2023
- Decision date
- 29 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T Knowles Appearances
Parties
4 namedKey findings
Tribunal's reasoningNo response had been received from the First and Second Respondents, and the Tribunal gave judgment under Rule 21. The Tribunal found that the Claimant's employer was the Second Respondent, not the First Respondent, and dismissed the claims against the First Respondent on that basis.
The redundancy payment claims were dismissed upon withdrawal, with the judgment recording that the First Respondent redundancy claims had already been dealt with similarly. The holiday pay claims were also dismissed upon withdrawal.
The Tribunal found the unauthorised deduction from wages claim well founded and ordered the Second Respondent to pay £4,313.75 gross. It also found the breach of contract claims for notice pay and expenses well founded, awarding £5,960.89 net for notice pay and £279.89 for expenses.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Claims against the Second Respondent for a redundancy payment were dismissed upon withdrawal; claims against the First Respondent for a redundancy payment had already been dealt with in a similar manner. | Withdrawn | — | — |
| Holiday pay | The Claimant's claims for holiday pay were dismissed upon withdrawal. | Withdrawn | — | — |
| Unlawful deduction from wages | The claim was well founded against the Second Respondent. Claims against the First Respondent were dismissed because the Claimant was not employed by that entity. | Upheld | — | £4,314 |
| Breach of contract | Notice pay claim; the Tribunal described this as breach of contract and awarded damages net. | Upheld | — | £5,961 |
| Breach of contract | Expenses claim; the Tribunal described this as breach of contract and awarded damages. | Upheld | — | £280 |
Remedy
Monetary award- Total award
- £10,555
- across all upheld claims
Legal tests applied
1 reference- Rule 21 of the Employment Tribunal Rules
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
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