Case 2300895/2023 · Employment Tribunal
Mr Young Mr M Lewis Ms D Moseley Mr F McRobbie Ms Gomm-Sutcliffe v Mission Agency Ltd — 2024
- Case reference
- 2300895/2023
- Decision date
- 9 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rice-Birchall Representation
Parties
2 namedClaimant
Mr Young Mr M Lewis Ms D Moseley Mr F McRobbie Ms Gomm-Sutcliffe
Respondent
Key findings
Tribunal's reasoningThe tribunal considered five linked claims by Mr Young, Mr Lewis, Ms Moseley, Mr McRobbie and Ms Gomm-Sutcliffe against Mission Agency Ltd. The hearing took place at London South by CVP on 9 January 2024 before Employment Judge Rice-Birchall, with the claimants appearing in person and no appearance by the respondent. The tribunal found that although the claims were not presented within the applicable time limit, it was not reasonably practicable to do so and they were presented within a further reasonable period, so the claims proceeded.
The tribunal upheld the complaints of breach of contract in relation to notice pay, unauthorised deductions from wages, and holiday pay for each claimant where pleaded, and determined entitlement to redundancy payments under section 163 of the Employment Rights Act 1996 for Mr Young, Mr Lewis, Ms Moseley and Ms Gomm-Sutcliffe. Notice pay awards were calculated on gross pay to reflect the likelihood of tax being payable on them as Post Employment Notice Pay.
Mr McRobbie's unfair dismissal claim was dismissed on withdrawal, with his claim amended to include arrears of pay. Specific monetary awards were ordered against the respondent for each successful complaint as set out in the judgment.
Claims and outcomes
19 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Mr Young: notice pay damages calculated using gross pay as Post Employment Notice Pay. | Upheld | — | £2,016 |
| Holiday pay | Mr Young: unauthorised deduction from wages for holidays accrued but not taken. | Upheld | — | £1,768 |
| Redundancy | Mr Young: redundancy payment determined under s.163 ERA 1996. | Upheld | — | £1,396 |
| Unlawful deduction from wages | Mr Lewis: unauthorised deduction from wages 1-4 September 2023 (gross sum). | Upheld | — | £372 |
| Breach of contract | Mr Lewis: notice pay damages calculated using gross pay as Post Employment Notice Pay. | Upheld | — | £1,862 |
| Holiday pay | Mr Lewis: unauthorised deduction from wages for holidays accrued but not taken. | Upheld | — | £1,768 |
| Redundancy | Mr Lewis: redundancy payment determined under s.163 ERA 1996. | Upheld | — | £1,862 |
Remedy
Monetary award- Total award
- £32,100
- across all upheld claims
Legal tests applied
1 reference- section 163 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.
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