Case 2407261/2021 · Employment Tribunal
Mr M Matthews v NT1 Construction Ltd — 2023
- Case reference
- 2407261/2021
- Decision date
- 5 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough Date
Parties
2 namedClaimant
Mr M Matthews
Respondent
Key findings
Tribunal's reasoningThe tribunal dealt with the case on the papers under Rule 21 after the respondent did not present a response. It found, on the information before the judge, that Mr M Matthews had worked as a joiner for NT1 Construction Ltd from 7 June 2019 to 7 April 2021. His gross weekly pay was ordinarily £600, but for the last three weeks of employment it had been reduced to £480 because of an agreement connected with the coronavirus job retention scheme.
The tribunal upheld the unlawful deduction from wages claim. It found that the claimant had pay slips for the weeks commencing 15 March 2021, 22 March 2021 and 29 March 2021, but the respondent failed to pay him over that period. On that basis, it held that there had been an unlawful deduction from gross wages of £1,440, being three weeks at the reduced weekly rate of £480.
The tribunal also upheld the claim for statutory notice pay. Although the claimant’s P45, received on 14 April 2021, recorded his last day of employment as 30 March 2021, the tribunal found that section 86 ERA 1996 entitled him to one week’s notice. It therefore awarded gross notice pay of £600. The tribunal further found that accrued annual leave had not been paid on termination, despite a 5 April 2021 payslip showing holiday pay accrued prior to termination, and it awarded gross holiday pay of £540 under regulation 14 of the Working Time Regulations 1998.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unlawful deduction from wages for the last three weeks of employment, when the claimant had pay slips for the weeks commencing 15 March 2021, 22 March 2021 and 29 March 2021 but was not paid. | Upheld | — | £1,440 |
| Breach of contract | The tribunal found the claimant was entitled to one week’s statutory notice pay under section 86 ERA 1996 and awarded gross notice pay. | Upheld | — | £600 |
| Working time regulations | The tribunal found accrued holiday pay was due on termination under regulation 14 of the Working Time Regulations 1998 and awarded the gross sum shown on the pay slip. | Upheld | — | £540 |
Remedy
Monetary award- Total award
- £2,580
- across all upheld claims
Legal tests applied
4 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- section 13 of the Employment Rights Act 1996
- section 86 of the Employment Rights Act 1996
- regulation 14 of the Working Time Regulations 1998
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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