Case 2403177/2023 · Employment Tribunal
Mr Barry Swift v Amazing Glazing (Widnes) Limited — 2023
- Case reference
- 2403177/2023
- Decision date
- 27 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspinall Representation
- Venue
- Liverpool
Parties
2 namedClaimant
Mr Barry Swift
Respondent
Key findings
Tribunal's reasoningMr Barry Swift worked for Amazing Glazing (Widnes) Limited as a window fitter from 17 September 2016 until his dismissal by text message on 9 February 2023. The text said the company was being placed in the hands of a receiver. When he attended the company office the next day, it was locked. The respondent did not file a response and did not attend the hearing.
The tribunal found that the claimant's complaints of unfair dismissal, breach of contract notice pay, outstanding holiday pay, and unlawful deduction from wages for one week's pay worked in hand were all well founded and succeeded. It recorded that he earned £427.50 gross and £355.66 net per week. It also found that, at dismissal, he was due six weeks' notice pay, three weeks' holiday pay, and one week's pay worked in hand.
On remedy, the tribunal awarded a basic award of £2,565 and a compensatory award of £3,020 for the unfair dismissal claim, made up of loss of earnings to the hearing date and loss of statutory rights. It separately awarded £2,133.96 for notice pay, £355.66 for the week's pay worked in hand, and £1,282.50 for three weeks' holiday pay, giving a total award of £9,357.12.
The tribunal noted recoupment of benefits. It recorded a prescribed element of £2,670.00 for the period 9 February 2023 to 18 July 2023, and said the respondent was to pay the balance of £6,687.12 immediately, together with any amount identified under the recoupment notice.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal awarded a basic award of £2,565 and a compensatory award of £3,020 for loss of earnings and loss of statutory rights. The notice pay figure was dealt with separately as breach of contract. | Upheld | — | £5,585 |
| Breach of contract | Notice pay for six weeks at the claimant's net weekly pay of £355.66. | Upheld | — | £2,134 |
| Holiday pay | Three weeks' outstanding annual leave, assessed on a gross basis. | Upheld | — | £1,283 |
| Unlawful deduction from wages | One week's pay worked in hand. | Upheld | — | £356 |
Remedy
Monetary award- Total award
- £9,357
- across all upheld claims
- Basic award
- £2,565
- statutory, unfair dismissal
- Compensatory award
- £3,020
- compensatory remedy recorded
Legal tests applied
3 references- Employment Rights Act 1996
- Working Time Regulations 1998
- Employment Tribunals Extension of Jurisdiction Order 1994
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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