Case 2407083/2023 · Employment Tribunal
Ms C Berry v The Eye Site (Brierfield) Ltd — 2024
- Case reference
- 2407083/2023
- Decision date
- 6 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leach Date
Parties
2 namedClaimant
Ms C Berry
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment in favour of the claimant, Ms C Berry, against The Eye Site (Brierfield) Ltd. The tribunal found that the respondent had made an unauthorised deduction from wages and ordered payment of £4,500 net, described as wages not paid between 1 March and 30 June 2023. The judgment also found that the respondent had failed to compensate the claimant for untaken annual leave on termination and ordered payment of £637.50 net for 8.5 days' leave.
The tribunal further found that the claimant was dismissed in breach of contract because she was not provided with notice. Damages for breach of contract were not quantified in this judgment and were to be determined at a remedy hearing listed for 29 April 2024. The judgment also states that the claimant's unfair dismissal claim succeeded, with remedy likewise left to the later hearing.
The judgment records that amounts ordered as net sums mean the respondent must account separately and additionally for any tax and national insurance liability so that the claimant receives the sums ordered. The separate interest notice states the relevant decision day as 6 February 2024 and the calculation day as 7 February 2024, with interest at 8% per annum if sums remain unpaid in accordance with the notice.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages for amounts not paid between 1 March and 30 June 2023. | Upheld | — | £4,500 |
| Holiday pay | Failure to compensate for untaken annual leave of 8.5 days on termination of employment. | Upheld | — | £638 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract for not being provided with notice; damages were to be determined at a remedy hearing on 29 April 2024. | Upheld | — | — |
| Unfair dismissal | The claimant's unfair dismissal claim succeeded; remedy was to be determined at a remedy hearing on 29 April 2024. | Upheld | — | — |
Remedy
Monetary award- Total award
- £5,138
- 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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