Case 2405925/2021 · Employment Tribunal
Luke Milton-Barker v Clearway Drainage Systems Limited — 2022
- Case reference
- 2405925/2021
- Decision date
- 28 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cline
- Venue
- Manchester
Parties
2 namedClaimant
Luke Milton-Barker
Respondent
Key findings
Tribunal's reasoningOn 17 October 2022, Employment Judge Cline sat alone at Manchester and upheld Luke Milton-Barker’s unfair (constructive) dismissal claim against Clearway Drainage Systems Limited. The tribunal found that he had been unfairly dismissed and awarded £960 as a basic award and £500 for loss of statutory rights, making £1,460 on that claim.
The tribunal also upheld the claimant’s breach of contract claim and ordered the respondent to pay £1,440 gross in notice pay. It upheld the claim for unlawful deductions from wages and awarded £10,185.57, made up of £20 net for a security charge, £2,162.94 net for deductions from 27 May to 27 December 2020, £346.80 net for damage to a spiral cutter, £69.72 net for PPE, £1,750 net for insurance excess, £3,551.67 gross for underpayment of wages, and £2,284.44 gross for unlawfully deducted breaks.
The tribunal further found that the respondent had failed to pay the claimant’s holiday entitlement and ordered £870 gross. It allowed a preparation time order of £410, and the written judgment recorded the total amount payable under paragraphs 1 to 5 as £14,365.57.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The judgment described this as a claim for unfair (constructive) dismissal and found the claimant was unfairly dismissed. The award comprised a £960 basic award and £500 for loss of statutory rights. | Upheld | — | £1,460 |
| Breach of contract | Notice pay of £1,440 gross. | Upheld | — | £1,440 |
| Unlawful deduction from wages | The award totalled £10,185.57 and was broken down as £20 net for a security charge, £2,162.94 net deductions from 27 May to 27 December 2020, £346.80 net for damage to a spiral cutter, £69.72 net for PPE, £1,750 net for insurance excess, £3,551.67 gross for underpayment of wages, and £2,284.44 gross for unlawfully deducted breaks. | Upheld | — | £10,186 |
| Holiday pay | The tribunal found the respondent had failed to pay the claimant's holiday entitlement and awarded £870 gross. | Upheld | — | £870 |
Remedy
Monetary award- Total award
- £14,366
- across all upheld claims
- Basic award
- £960
- statutory, unfair dismissal
- Compensatory award
- £500
- compensatory remedy recorded
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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