Case 2306033/2021 · Employment Tribunal
Mr M Findlay v Ascherl Ceramics Limited (in liquidation) — 2022
- Case reference
- 2306033/2021
- Decision date
- 5 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hart REPRESENTATION
Parties
2 namedClaimant
Mr M Findlay
Key findings
Tribunal's reasoningThe tribunal amended the respondent's name to Ascherl Ceramics Limited (in liquidation). It then found that the claimant had been unfairly (constructively) dismissed. The remedy for that claim was a basic award of £10,638 gross and a compensatory award of £550 net, made up of £500 for loss of statutory rights and a £50 ACAS uplift of 10%.
The tribunal also found a breach of the Working Time Regulations 1998 because the respondent failed to pay the claimant in lieu of accrued but untaken holiday for the leave year April 2020 to March 2021. The tribunal awarded 4 weeks' leave, amounting to £2,496 net.
In addition, the tribunal found an unauthorised deduction of wages for failure to pay full contractual sick pay for the weeks commencing 15 September 2021, 13 October 2021 and 20 October 2021, and ordered payment of £1,165.23 net. It further found that the respondent failed to provide a section 1 statement of terms and conditions over a period of 19 years, and awarded 4 weeks' pay amounting to £2,176 gross.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly (constructively) dismissed. The award for this claim comprised a basic award of £10,638 gross and a compensatory award of £550 net, made up of £500 for loss of statutory rights and a £50 ACAS uplift. | Upheld | — | £11,188 |
| Holiday pay | The tribunal found a breach of the Working Time Regulations 1998 in failing to pay in lieu of accrued but untaken holiday for the leave year April 2020 to March 2021. The award was 4 weeks' leave amounting to £2,496 net. | Upheld | — | £2,496 |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction of wages because the respondent failed to pay full contractual sick pay for the weeks commencing 15 September 2021, 13 October 2021 and 20 October 2021. | Upheld | — | £1,165 |
| Other | The tribunal found the respondent failed to provide a section 1 statement of terms and conditions over a period of 19 years and awarded 4 weeks' pay. The judgment does not identify a separate taxonomy category for this claim. | Upheld | — | £2,176 |
Remedy
Monetary award- Total award
- £17,025
- across all upheld claims
- Basic award
- £10,638
- statutory, unfair dismissal
- Compensatory award
- £550
- compensatory remedy recorded
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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