Case 2402754/2021 · Employment Tribunal
Mr D Winfindale v Paul Hammond t/a Hammond Camper Beds and Upholstery — 2021
- Case reference
- 2402754/2021
- Decision date
- 24 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ross REPRESENTATION
- Venue
- Manchester
Parties
2 namedClaimant
Mr D Winfindale
Key findings
Tribunal's reasoningThe tribunal struck out the unfair dismissal claim because the claimant had not been employed by the respondent for two years, so it found there was no jurisdiction to hear that claim. The hearing took place at Manchester before Employment Judge Ross on 23 September 2021, and the respondent did not attend.
The tribunal upheld the claim under section 13 of the Employment Rights Act 1996 for unlawful deduction from wages. It found that the claimant's employment ended on 22 March 2021 and awarded seven weeks' wages for the period 1 February 2021 to 22 March 2021, totalling £2,299.92.
The tribunal also upheld the claim for notice pay and ordered payment of one week's notice pay of £328.56. It further found that the respondent had failed to provide written particulars of employment and ordered two weeks' pay of £657.12. The total sum payable within 14 days was £3,285.60.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because the tribunal found the claimant had not been employed by the respondent for two years, so it had no jurisdiction to hear the unfair dismissal claim under the Employment Rights Act 1996. | Struck out | — | — |
| Unlawful deduction from wages | Awarded seven weeks' wages for the period 1 February 2021 to 22 March 2021, which the tribunal found was the period up to termination. | Upheld | — | £2,300 |
| Breach of contract | Award for one week's notice pay. The judgment does not identify a separate statutory provision for this award, so it is recorded as breach of contract. | Upheld | — | £329 |
| Other | Award of two weeks' pay for failure to provide written particulars of employment. The judgment does not state a statutory heading for this award. | Upheld | — | £657 |
Remedy
Monetary award- Total award
- £3,286
- 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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