Case 2403425/2022 · Employment Tribunal
L Johnstone v Alan Stuart Engineering Limited — 2022
- Case reference
- 2403425/2022
- Decision date
- 12 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mark Butler
Parties
2 namedClaimant
L Johnstone
Respondent
Key findings
Tribunal's reasoningThe tribunal determined the claim under rule 21 of the Employment Tribunals Rules of Procedure 2013 because the respondent failed to present a valid response on time. On that basis, Employment Judge Mark Butler made a determination on the papers and cancelled the hearing listed for 4 October 2022.
The tribunal ordered the respondent to pay £696.00 for failure to provide a written statement of employment particulars, described in the judgment as two weeks' salary at £348.00 per week. It also found that the claimant had been dismissed in breach of contract in respect of notice and awarded £4,176.00, calculated as 12 weeks' statutory notice at £348 per week.
The tribunal further found that the claimant was dismissed by reason of redundancy and awarded a redundancy payment of £6,612.00. The judgment explains this as 18 complete years at one week's pay for service aged 22 to 40, plus 2 complete years at half a week's pay for service aged below 22.
Finally, the tribunal found that the respondent had failed to pay the claimant's holiday entitlement and ordered £696.00. The judgment includes an Employment Tribunals (Interest) Order 1990 notice stating that the relevant judgment day was 12 August 2022, the calculation day was 13 August 2022, and the stipulated rate of interest was 8%, but it does not state a separate interest amount in the judgment itself.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal made a rule 21 determination because the respondent failed to present a valid response on time. It ordered payment of £696.00 for failure to provide a written statement of employment particulars, described as two weeks' salary at £348.00 per week. | Upheld | — | £696 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded £4,176.00, stated to be 12 weeks' statutory notice at £348 per week. | Upheld | — | £4,176 |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and awarded a redundancy payment of £6,612.00, using 18 complete years at one week's pay and 2 years at half a week's pay as set out in the judgment. | Upheld | — | £6,612 |
| Holiday pay | The tribunal found the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £696.00. The judgment states the calculation as £348.00 divided by 5 = £69.50 x 10 days, although the arithmetic in the text is not internally consistent with the final figure. | Upheld | — | £696 |
Remedy
Monetary award- Total award
- £12,180
- across all upheld claims
Legal tests applied
2 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- Employment Tribunals (Interest) Order 1990
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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