Case 2401647/2022 · Employment Tribunal
Mr C Venn v The Coal Room Ltd, The Noodle Bar — 2022
- Case reference
- 2401647/2022
- Decision date
- 2 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McCarthy
- Venue
- Liverpool ET
Parties
2 namedClaimant
Mr C Venn
Respondent
Key findings
Tribunal's reasoningEmployment Judge McCarthy sat alone at Liverpool Employment Tribunal on 18 November 2022. The respondent did not attend. The tribunal upheld the claimant's complaint that he had not been paid the full wages due for 25, 26, 29, 30 and 31 December 2021 and 1 and 2 January 2022, and ordered the respondent to pay £504 gross.
The tribunal also upheld the complaint in relation to accrued but untaken annual leave on termination and ordered payment of £424.80 gross. It further found that the claimant had been dismissed without notice, so the respondent was in breach of contract, and awarded £360 gross damages, with the judgment recording that the calculation was made on gross pay to reflect the likelihood of tax being payable as Post Employment Notice Pay.
In addition, the tribunal ordered the respondent to pay £720 as additional compensation under section 38 of the Employment Act 2002 for failure to provide a written statement of employment particulars. The written record states that reasons were given orally at the hearing and that written reasons would not be provided unless requested within 14 days.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found the respondent had failed to pay the claimant the full amount of wages due for 25, 26, 29, 30 and 31 December 2021 and 1 and 2 January 2022, and ordered payment of the gross sum deducted. | Upheld | — | £504 |
| Holiday pay | The tribunal found an unauthorised deduction by failing to pay the claimant in lieu of accrued but untaken annual leave on termination of employment, and ordered payment of the gross sum due. | Upheld | — | £425 |
| Breach of contract | The tribunal found the respondent breached contract by dismissing the claimant without notice and awarded damages of £360 gross, calculated on gross pay to reflect likely tax treatment as Post Employment Notice Pay. | Upheld | — | £360 |
| Other | The tribunal ordered additional compensation under section 38 Employment Act 2002 for failure to provide a written statement of employment particulars. | Upheld | — | £720 |
Remedy
Monetary award- Total award
- £2,009
- 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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