Case 2401073/2024 · Employment Tribunal
Ms S Brown v Shifrank Ltd (in creditors’ voluntary liquidation) — 2025
- Case reference
- 2401073/2024
- Decision date
- 2 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Eeley
Parties
2 namedClaimant
Ms S Brown
Key findings
Tribunal's reasoningThe tribunal determined the claims under Rule 21 of the Employment Tribunals Rules of Procedure 2013. It found the complaint of breach of contract regarding notice pay well-founded and awarded £3,600 in damages, calculated on gross pay to reflect likely tax treatment as Post Employment Notice Pay. The unfair dismissal complaint was also well-founded.
The tribunal found that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and considered it just and equitable to increase the compensatory award by 25% under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992. The unfair dismissal award comprised a basic award of £9,000, a compensatory award of £9,197.50 (loss of earnings of £7,358 net plus the 25% ACAS uplift of £1,839.50), and £500 for loss of statutory rights.
The holiday pay complaint was upheld as an unauthorised deduction from wages, with £480 awarded for accrued but untaken holiday. The total payable was £22,777.50. The claimant's separate disability discrimination claim was unaffected by this judgment and remained listed for a preliminary hearing.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction by failing to pay accrued but untaken holiday pay on termination. Claimant responsible for tax and National Insurance. | Upheld | — | £480 |
| Breach of contract | Notice pay. Calculated on gross pay to reflect likely tax on Post Employment Notice Pay. | Upheld | — | £3,600 |
| Unfair dismissal | Basic award £9,000; compensatory award £9,197.50 (loss of earnings £7,358 net plus 25% ACAS uplift of £1,839.50 under s.207A TULR(C)A 1992); £500 for loss of statutory rights. | Upheld | — | £18,698 |
Remedy
Monetary award- Total award
- £22,778
- across all upheld claims
- Basic award
- £9,000
- statutory, unfair dismissal
- Compensatory award
- £9,198
- compensatory remedy recorded
Legal tests applied
3 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- s.207A Trade Union and Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
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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