Case 2402753/2019 · Employment Tribunal
Mr B Cunningham v Excel Excavations Civils Limited — 2019
- Case reference
- 2402753/2019
- Decision date
- 21 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ross Date
Parties
2 namedClaimant
Mr B Cunningham
Respondent
Key findings
Tribunal's reasoningThe Tribunal found that the respondent had made an unauthorised deduction from the claimant’s wages and ordered payment of £1,291.50 for the period stated in the judgment, which is recorded as 12 November 2019 to 19 December 2018. It also recorded that the respondent failed to follow the ACAS Code of Practice when holding a grievance to investigate the claimant’s requests to be paid, including requests made by the claimant and by his trade union representative, and awarded a 25% uplift of £322.87 on the sums due.
The Tribunal further found that the claimant was owed 2.96 days of accrued but untaken holiday on termination of employment and awarded £457.50. The total payable by the respondent was £2,071.87, to be paid within 14 days of the judgment. The judgment was issued by Employment Judge Ross Date on 19 November 2019 and sent to the parties on 21 November 2019.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The Tribunal held that the respondent had made an unauthorised deduction from wages and ordered £1,291.50 for the period stated in the judgment, recorded as 12 November 2019 to 19 December 2018. The Tribunal also found a failure to follow the ACAS Code of Practice in the grievance process and awarded a 25% uplift of £322.87 on the sums due. | Upheld | — | £1,292 |
| Holiday pay | The Tribunal found that the claimant was owed 2.96 days of accrued but untaken holiday on termination of employment and awarded £457.50. | Upheld | — | £458 |
Remedy
Monetary award- Total award
- £2,072
- 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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