Case 2406040/2022 · Employment Tribunal
Miss K Mottershead v Kirwan and Sons Limited — 2022
- Case reference
- 2406040/2022
- Decision date
- 2 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rice-Birchall REPRESENTATION
Parties
2 namedClaimant
Miss K Mottershead
Respondent
Key findings
Tribunal's reasoningAt the remote Manchester hearing on 16 November 2022, before Employment Judge Rice-Birchall and with the respondent not in attendance, the tribunal changed the respondent's name to Kirwan and Sons Limited. It found that Miss Mottershead was unfairly dismissed and awarded a redundancy payment of £1,729 and a compensatory award of £2,738.50. The recoupment notice records a prescribed element of £956 for the period 27 June 2022 to 1 August 2022 and states that the balance payable to the claimant was £1,782.50.
The tribunal also found that the claimant was dismissed without notice and awarded £1,673 net for wrongful dismissal. It further held that holiday accrued but unpaid on termination was due, awarding £221.25 gross, and that non-payment of statutory sick pay amounted to an unlawful deduction from wages, with £272 ordered to be paid.
The written record also states that the claimant did not have a contract of employment and awards £988 on that basis, although the excerpt does not identify a separate legal label for that sum. The judgment records the outcomes and monetary awards but does not set out fuller oral reasons in the written record provided.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Recorded from the judgment. | Upheld | — | £1,729 |
| Unfair dismissal | Compensatory award; the annex records a prescribed element of £956 for 27 June 2022 to 1 August 2022 and a balance payable of £1,782.50. | Upheld | — | £2,739 |
| Wrongful dismissal | Dismissed without notice; award stated as net. | Upheld | — | £1,673 |
| Holiday pay | Award stated as gross. | Upheld | — | £221 |
| Unlawful deduction from wages | Non-payment of statutory sick pay was held to be an unlawful deduction from wages. | Upheld | — | £272 |
| Other | The judgment states that the claimant did not have a contract of employment and awards £988, but the extracted text does not identify a separate legal label for that sum. | Upheld | — | £988 |
Remedy
Monetary award- Total award
- £2,739
- across all upheld claims
- Compensatory award
- £2,739
- 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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