Case 2403517/2023 · Employment Tribunal
Mr Stuart Cardwell v KW&T Limited — 2023
- Case reference
- 2403517/2023
- Decision date
- 25 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fairhurst
- Venue
- Manchester
Parties
2 namedClaimant
Mr Stuart Cardwell
Respondent
Key findings
Tribunal's reasoningAt the Manchester Employment Tribunal on 14 August 2023, Employment Judge Fairhurst sitting alone found that Mr Stuart Cardwell's complaint of unauthorised deductions from wages under Part II of the Employment Rights Act 1996 was well founded. KW&T Limited was ordered to pay the gross sum of £492.31 deducted from pay.
The tribunal also found that the respondent failed in its duty to provide the claimant with a written statement of the main terms of employment complying with section 1 of the Employment Rights Act 1996. Pursuant to section 38 of the Employment Act 2002, the award was increased by £1,100, described in the judgment as two weeks' gross pay.
The complaint in respect of holiday pay was not well founded and was dismissed. The written record of the decision was sent to the parties on 25 August 2023.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The complaint of unauthorised deductions from wages contrary to Part II of the Employment Rights Act 1996 succeeded, and the tribunal ordered payment of the gross sum deducted from pay. | Upheld | — | £492 |
| Other | The tribunal found that the respondent failed to provide a written statement of the main terms of employment complying with section 1 of the Employment Rights Act 1996 and increased the award by £1,100 under section 38 of the Employment Act 2002. This was an uplift on the successful claim rather than a separate substantive compensation award. | Upheld | — | £1,100 |
| Holiday pay | The complaint in respect of holiday pay was found not well founded and was dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,592
- across all upheld claims
Legal tests applied
3 references- Part II of the Employment Rights Act 1996
- section 1 of the Employment Rights Act 1996
- section 38 of the Employment Act 2002
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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