Case 2302776/2024 · Employment Tribunal
Mr J Newcomb v Thistle House Car Sales Ltd — 2024
- Case reference
- 2302776/2024
- Decision date
- 1 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cawthray Representation
- Venue
- London South
Parties
2 namedClaimant
Mr J Newcomb
Respondent
Key findings
Tribunal's reasoningAt a hearing in London South on 1 October 2024 before Employment Judge Cawthray, with Mr J Newcomb appearing in person and Thistle House Car Sales Ltd not attending, the tribunal allowed the Claimant's claim for a statutory redundancy payment. It ordered the Respondent to pay £19,290 gross.
The tribunal also found that the Respondent had made an unauthorised deduction from wages by failing to pay the full amount due for February 2024. It ordered £3,250 gross in respect of the unpaid wages and recorded that tax and employee national insurance contributions could be deducted before payment.
On notice pay, the tribunal found that the Claimant was entitled to 12 weeks' notice and that his basic gross weekly pay was £750, giving a gross notice figure of £9,000. It then deducted £198.36 received as job seekers income support in March 2024 and profits of £3,869 in April 2024 and £2,961 in May 2024 from his new business, leaving £1,971.64 payable as damages for breach of contract.
The tribunal further found a breach of contract in relation to four weeks' holiday as agreed. Using the same weekly pay figure of £750, it ordered £3,000 gross. The total monetary award recorded by the judgment was £27,511.64.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the Claimant was entitled to a statutory redundancy payment and ordered the Respondent to pay £19,290 gross. | Upheld | — | £19,290 |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages in respect of February 2024 pay and ordered £3,250 gross, with tax and employee national insurance deductions permitted before payment. | Upheld | — | £3,250 |
| Breach of contract | The tribunal found breach of contract for dismissal without the full 12 weeks' notice. It calculated gross notice entitlement at £9,000, then deducted £198.36 job seekers income support and profits of £3,869 in April 2024 and £2,961 in May 2024, leaving £1,971.64. | Upheld | — | £1,972 |
| Breach of contract | The tribunal found breach of contract for non-payment of four weeks' holiday as agreed and ordered £3,000 gross. | Upheld | — | £3,000 |
Remedy
Monetary award- Total award
- £27,512
- across all upheld claims
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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