Case 2407293/2023 · Employment Tribunal
Mr P Mahoney v Suby and Sufy Brothers Ltd and 1 other — 2023
- Case reference
- 2407293/2023
- Decision date
- 14 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater REPRESENTATION
Parties
3 namedClaimant
Mr P Mahoney
Key findings
Tribunal's reasoningAt Manchester on 13 November 2023, Employment Judge Slater found Mr P Mahoney's unfair dismissal complaint well founded against the second respondent, Your Local Hadfield Ltd. The tribunal awarded £34,385 compensation and applied the Employment Protection (Recoupment of Benefits) Regulations 1996; the prescribed element was £6,660 for the period 17 April 2023 to 13 November 2023, and the excess over the prescribed element was £27,725.
The tribunal also found that the second respondent breached contract by dismissing the claimant without notice and awarded £5,308.68 in damages, described as a net sum based on the claimant's gross pay because it was likely to be taxed as Post Employment Notice Pay. It further found two unauthorised deductions from wages: £1,548 for unpaid wages for 1 to 17 April 2023 and £796 for failure to pay in lieu of accrued but untaken holiday.
In addition, the tribunal held that the second respondent breached its obligation to provide the claimant with a written statement of employment particulars and awarded four weeks' pay of £1,769.56. The TUPE complaint against the second respondent was not considered because it had been presented out of time, and the complaint against the first respondent was dismissed on withdrawal by the claimant.
Claims and outcomes
7 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the complaint well founded and ordered compensation of £34,385. The Employment Protection (Recoupment of Benefits) Regulations 1996 applied; the prescribed element was £6,660 for 17 April 2023 to 13 November 2023 and the excess was £27,725. | Upheld | — | £34,385 |
| Breach of contract | The second respondent was found to be in breach of contract by dismissing the claimant without notice. Damages were assessed at £5,308.68, described as a net sum based on the claimant's gross pay because it was likely to be taxed as Post Employment Notice Pay. | Upheld | — | £5,309 |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for non-payment of wages for the period 1 to 17 April 2023. | Upheld | — | £1,548 |
| Holiday pay | The tribunal found an unauthorised deduction from wages for failure to pay in lieu of accrued but untaken holiday. | Upheld | — | £796 |
| Other | The second respondent was found to be in breach of its obligation to provide a written statement of employment particulars, and the tribunal awarded four weeks' pay of £1,769.56. | Upheld | — |
Remedy
Monetary award- Total award
- £43,807
- 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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