Case 2402992/2023 · Employment Tribunal
Miss L Ackerlay v Always Here Limited — 2023
- Case reference
- 2402992/2023
- Decision date
- 26 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne
Parties
2 namedClaimant
Miss L Ackerlay
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment by Employment Judge Horne dated 23 June 2023 and sent to the parties on 26 June 2023. The tribunal entered judgment for the claimant, Miss L Ackerlay, against Always Here Limited on all five matters determined in the decision. It found an unauthorized deduction from wages and ordered £1,728.00 gross; found unpaid untaken annual leave on termination and ordered £2,592.00 gross; and found a breach of contract for failure to give notice of termination and ordered £1,728.00 gross damages.
The tribunal also held that the claimant was entitled to a redundancy payment of £2,592.00. In addition, because the respondent was in breach of its obligation to provide a statutory statement of particulars of employment at the time the claim was presented, the tribunal made an additional award of two weeks' pay under section 38 of the Employment Act 2002, in the sum of £864.00. The judgment notes that the respondent may deduct tax and national insurance from the sums awarded in paragraphs 1 to 3, including the breach of contract damages, which the judgment says are taxable as Post-Employment Notice Pay.
The separate interest notice states that the relevant decision day was 26 June 2023, the calculation day was 27 June 2023, and the stipulated interest rate was 8% per annum. No separate interest amount is recorded in the judgment itself.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorized deduction from wages and ordered payment of the gross sum of £1,728.00. | Upheld | — | £1,728 |
| Holiday pay | The tribunal found the respondent failed to compensate the claimant for untaken annual leave on termination and ordered payment of the gross sum of £2,592.00. | Upheld | — | £2,592 |
| Breach of contract | The tribunal found a breach of contract for failing to give notice of termination and ordered damages of £1,728.00 gross. | Upheld | — | £1,728 |
| Redundancy | The tribunal held that the claimant was entitled to a redundancy payment of £2,592.00. | Upheld | — | £2,592 |
| Other | The tribunal made an additional award of two weeks' pay under section 38 of the Employment Act 2002 because the respondent had not provided a statutory statement of particulars of employment when the claim was presented. | Upheld | — | £864 |
Remedy
Monetary award- Total award
- £9,504
- across all upheld claims
Legal tests applied
3 references- Rule 21
- section 38 of the Employment Act 2002
- Employment Tribunals (Interest) Order 1990 article 12
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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