Case 2401355/2024 · Employment Tribunal
Ms K Leather First v Confident Futures Limited Second Respondent: On Power Business Energy Ltd (In Creditors Voluntary Liquidation) — 2025
- Case reference
- 2401355/2024
- Decision date
- 4 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge L Cowen REPRESENTATION
Parties
2 namedClaimant
Ms K Leather First
Key findings
Tribunal's reasoningThe tribunal held that Ms K Leather was not an employee of Confident Futures Limited for the purposes of section 230 of the Employment Rights Act 1996, but that she was an employee of On Power Business Energy Ltd (in Creditors Voluntary Liquidation). Her unfair dismissal claim against Confident Futures was therefore dismissed, while the unfair dismissal claim against On Power Business Energy succeeded.
In relation to the successful unfair dismissal claim, the tribunal applied a Polkey deduction to reflect the point at which the claimant would have been fairly dismissed because of the second respondent's liquidation. The remedy for unfair dismissal comprised a basic award of £2,100 and a compensatory award of £4,240 for loss of earnings, with no award for loss of statutory rights or future loss, producing £6,340 in total for that claim.
The tribunal also found that the second respondent had made an unlawful deduction from wages in respect of unpaid holiday pay. It ordered payment of £560 gross for four days' leave accrued between 1 January 2024 and 26 February 2024. The overall award was £6,900, and the recoupment regulations did not apply.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim against Confident Futures Limited; the tribunal found the claimant was not its employee for the purposes of section 230 ERA 1996. | Dismissed | — | — |
| Unfair dismissal | Claim against On Power Business Energy Ltd (in Creditors Voluntary Liquidation); the tribunal applied a Polkey deduction because the claimant would have been fairly dismissed in any event due to the liquidation. | Upheld | — | £6,340 |
| Unlawful deduction from wages | Unpaid holiday pay for 4 days accrued from 1 January 2024 to 26 February 2024. | Upheld | — | £560 |
Remedy
Monetary award- Total award
- £6,900
- across all upheld claims
- Basic award
- £2,100
- statutory, unfair dismissal
- Compensatory award
- £4,240
- compensatory remedy recorded
Legal tests applied
2 references- section 230 of the Employment Rights Act 1996
- Polkey v AE Dayton Services Limited
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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