Case 2302217/2024 · Employment Tribunal
S Puleston (lay representative) For the v M Knell (director of both respondents) — 2025
- Case reference
- 2302217/2024
- Decision date
- 18 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Anderson Appearances
- Venue
- London South
Parties
2 namedClaimant
S Puleston (lay representative) For the
Respondent
Key findings
Tribunal's reasoningThe claimant was employed as an Art Team Leader from 4 June 2021 until 29 September 2023, with her employment having transferred from Escape Kent Limited to Timescape Adventures Limited. She brought a claim of unauthorised deductions from wages under s.13 Employment Rights Act 1996 in the sum of £821.44, and the second respondent counterclaimed for £317.05. The dispute centred on whether Mr Knell, a director of both respondents, had varied the claimant's contract in March 2023 to allow her to carry over all of her accrued and untaken leave (66.97 hours) from the previous holiday year and to grant her an additional 40 hours of leave for the year commencing 1 April 2023, in connection with her impending paternity leave.
The tribunal found, on the evidence, that those conversations and agreements did take place and that the claimant's contract had been varied accordingly. The judge considered a WhatsApp exchange of 7 June 2023 unhelpful, and instead relied on documentary evidence of post-resignation correspondence and the parties' oral evidence, finding it unconvincing that Mr Knell would have no recollection of discussions about statutory paternity leave in a small company with around 15 employees where he handled HR matters. However, the additional 40 hours of leave was contractual rather than statutory and, absent any agreement to treat it differently, fell to be pro-rated on resignation, giving 19.95 hours for the period 1 April to 29 September 2023.
The claimant's total leave entitlement on resignation was therefore 195.81 hours (108.89 accrued under standard contract, 19.95 under the variation, and 66.97 carried over), against 167.54 hours taken, leaving an untaken balance of 28.27 hours. The tribunal held that the respondent had made an unauthorised deduction from the claimant's final salary payment of 15 October 2023 in the sum of £480.59 gross (28.27 hours at £17 per hour) and ordered payment within 28 days. The respondent's counterclaim was dismissed as it depended on the claimant's claim being unfounded.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim brought in the sum of £821.44; tribunal upheld the claim in part and awarded £480.59 gross (28.27 hours at £17 per hour) against the second respondent, Timescape Adventures Limited. | Upheld | — | £481 |
| Breach of contract | Respondent's counterclaim in the sum of £317.05 was dismissed, as it was premised on the claimant's entitlement to extra leave and carry-over being unfounded; the tribunal found the claimant's claim well founded. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £481
- across all upheld claims
Legal tests applied
2 references- s.13 Employment Rights Act 1996
- s.27 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.