Case 2406465/2022 · Employment Tribunal
Mr J Ward v Bark & Birch Ltd (In Compulsory Liquidation) — 2022
- Case reference
- 2406465/2022
- Decision date
- 19 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater
Parties
2 namedClaimant
Mr J Ward
Key findings
Tribunal's reasoningThe Employment Judge determined the claim under rule 21 because the respondent had failed to present a valid response on time. On that basis, the judgment records that the tribunal could properly determine the claim without a response from the respondent.
The tribunal found that the respondent had made an unauthorised deduction from the claimant's wages for March and April 2022 and ordered payment of £7,230.72. It also found that the claimant had been dismissed in breach of contract in respect of notice and awarded £3,615.36 in damages, described as a net sum based on gross weekly pay because it was likely to be taxed as Post Employment Notice Pay.
Further awards were made for unpaid holiday entitlement of £3,434.59, reimbursement of expenses incurred in March and April 2022 in the sum of £2,815.00, and £1,490.55 for breach of contract relating to pension contributions deducted from pay but not applied to the claimant's pension. The extracted judgment also includes a notice under the Employment Tribunals (Interest) Order 1990 stating that interest is payable if sums are not paid within 14 days of the written record being sent, with a relevant decision day of 19 December 2022, calculation day of 20 December 2022, and stipulated rate of 8% per annum.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages for March and April 2022, calculated at £903.84 x 8 weeks. | Upheld | — | £7,231 |
| Wrongful dismissal | Dismissal in breach of contract in respect of notice; damages were stated to be a net sum based on gross pay (£903.84 per week x 4 weeks). | Upheld | — | £3,615 |
| Holiday pay | Unpaid holiday entitlement on termination, calculated as 19 days accrued annual leave. | Upheld | — | £3,435 |
| Breach of contract | Failure to reimburse expenses incurred in March and April 2022. | Upheld | — | £2,815 |
| Breach of contract | Breach arising from pension contributions being deducted from pay but not applied to the claimant's pension. | Upheld | — | £1,491 |
Remedy
Monetary award- Total award
- £18,586
- across all upheld claims
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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