Case 2406505/2019 · Employment Tribunal
Mr G Ostler v Peniston Glazing Limited — 2020
- Case reference
- 2406505/2019
- Decision date
- 27 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey
Parties
2 namedClaimant
Mr G Ostler
Respondent
Key findings
Tribunal's reasoningEmployment Judge Franey sat alone and the respondent did not attend. Under Rule 21, the tribunal determined the claim on the basis of the material before it. It found that the claimant had been dismissed in breach of contract in respect of notice and awarded £849.20 for the two-week notice period. The judgment records that this was treated as a net sum, but was calculated by reference to the claimant's gross pay because it was likely to be subject to tax as Post Employment Notice Pay.
The tribunal also found the complaint of unauthorised deductions from pay well founded. It ordered the respondent to pay £1,273.80, made up of £849.20 deducted from pay in respect of the last two weeks of employment and £424.60 in holiday pay.
In addition, under section 24(2) Employment Rights Act 1996, the tribunal awarded £1,000 for financial losses attributable to the unauthorised deductions. The judgment identifies those losses as £200 for interest payable on loans and £800 for charges for early termination of the claimant's Personal Contract Purchase arrangement for his car. The total amount payable was recorded as £3,123.00.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the claimant had been dismissed in breach of contract in respect of notice. The sum of £849.20 was awarded for the two-week notice period; the judgment says this was a net sum based on the claimant's gross pay because it was likely to be taxed as Post Employment Notice Pay. | Upheld | — | £849 |
| Unlawful deduction from wages | The tribunal found the complaint of unauthorised deductions from pay well founded. It awarded £1,273.80 for deductions from the last two weeks of employment and holiday pay, plus a further £1,000 under section 24(2) ERA 1996 for financial losses attributable to those deductions, namely loan interest and early termination charges on a Personal Contract Purchase arrangement. | Upheld | — | £2,274 |
Remedy
Monetary award- Total award
- £3,123
- across all upheld claims
Legal tests applied
1 reference- section 24(2) Employment Rights Act 1996
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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