Case 2404635/2019 · Employment Tribunal
Mr P Virgin v Middlewood Landscape Services Ltd — 2019
- Case reference
- 2404635/2019
- Decision date
- 31 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough
Parties
2 namedClaimant
Mr P Virgin
Respondent
Key findings
Tribunal's reasoningThe tribunal amended the respondent's name to Middlewood Landscape Services Ltd and, sitting alone, determined a series of statutory and contractual payment claims brought by Mr P Virgin. It upheld the breach of contract complaint in relation to notice pay and ordered the respondent to pay £4,000, described as damages awarded net but grossed up to reflect the likelihood of tax treatment as Post Employment Notice Pay.
The tribunal also upheld the claim for unlawful deduction from wages under section 13 of the Employment Rights Act 1996. That award was £240 gross, said to represent public holiday pay. It further upheld the claim for non-payment of a redundancy payment under section 135 of the Employment Rights Act 1996 and ordered payment of £4,800.
The holiday pay claim under regulation 13 of the Working Time Regulations 1998 succeeded for the period March 2009 to March 2019, with a gross award of £16,000. The tribunal additionally found that the respondent failed to provide particulars of employment contrary to section 1 of the Employment Rights Act 1996 and, under section 38(3) of the Employment Act 2002, ordered payment of 4 weeks' gross pay of £1,600.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay claim; damages were awarded net but grossed up to reflect the likelihood of taxation as Post Employment Notice Pay. | Upheld | — | £4,000 |
| Unlawful deduction from wages | The award related to public holiday pay. | Upheld | — | £240 |
| Redundancy | Non-payment of a redundancy payment contrary to section 135 of the Employment Rights Act 1996. | Upheld | — | £4,800 |
| Holiday pay | Non-payment of holiday pay under regulation 13 of the Working Time Regulations 1998 for the period March 2009 to March 2019. | Upheld | — | £16,000 |
| Other | Failure to provide particulars of employment contrary to section 1 of the Employment Rights Act 1996; award made under section 38(3) of the Employment Act 2002. | Upheld | — | £1,600 |
Remedy
Monetary award- Total award
- £26,640
- across all upheld claims
Legal tests applied
5 references- section 13 Employment Rights Act 1996
- section 135 Employment Rights Act 1996
- regulation 13 Working Time Regulations 1998
- section 1 Employment Rights Act 1996
- section 38(3) 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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