Case 2304678/2021 · Employment Tribunal
Ms Lynn Butterworth v Simon Mycock and 2 others — 2023
- Case reference
- 2304678/2021
- Decision date
- 20 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Corrigan Appearances
Parties
4 namedClaimant
Ms Lynn Butterworth
Key findings
Tribunal's reasoningEmployment Judge Corrigan heard Ms Lynn Butterworth's claims against Simon Mycock and Wentworth International College Limited on 31 October 2022 and 20 January 2023. Against the first respondent, the tribunal found the unlawful deduction of wages claim well-founded and awarded £2,267.20 in wages and £45.34 in pension contributions. It also awarded £244.16 holiday pay and an uplift of £348.80 for failure to provide written particulars of employment, giving a total award of £2,905.50 subject to deductions for tax and National Insurance.
The tribunal also made a costs order of £60 against the first respondent because he failed to produce his own documentation for the hearing, leaving the claimant's solicitor to do so.
Against the second respondent, the tribunal upheld the breach of contract claim and awarded £10,704.68 damages. That sum was made up of net wages outstanding for January to March 2020 of £2,354.84 and for April to October 2020 of £8,349.84, with tax and National Insurance already paid. The tribunal further found the unlawful deduction of wages claim well-founded in relation to pension contributions and awarded £540.
The tribunal also awarded £1,344 for accrued untaken holiday pay against the second respondent. The total award to be paid by the second respondent was £12,588.68 subject to deductions for tax and National Insurance.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | First respondent. The award comprised £2,267.20 wages and £45.34 pension contributions. | Upheld | — | £2,313 |
| Holiday pay | First respondent. Holiday pay was awarded at £244.16 subject to deductions for tax and National Insurance. | Upheld | — | £244 |
| Other | First respondent. Uplift of four weeks' pay for failure to provide written particulars of employment. | Upheld | — | £349 |
| Breach of contract | Second respondent. Damages consisted of net wages outstanding for January-March 2020 (£2,354.84) and April-October 2020 (£8,349.84). | Upheld | — | £10,705 |
| Holiday pay | Second respondent. Accrued untaken holiday pay was awarded at £1,344 subject to deductions for tax and National Insurance. | Upheld | — | £1,344 |
| Unlawful deduction from wages | Second respondent. The tribunal awarded £540 for pension contributions. | Upheld | — | £540 |
Remedy
Monetary award- Total award
- £15,494
- 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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