Case 2408118/2022 · Employment Tribunal
Mr M Forshaw Mrs N Anwar v AAqua Limited — 2023
- Case reference
- 2408118/2022
- Decision date
- 28 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge KM Ross
Parties
2 namedClaimant
Mr M Forshaw Mrs N Anwar
Respondent
Key findings
Tribunal's reasoningThe judgment was made under rule 21 of the Employment Tribunals Rules of Procedure 2013 because the respondent had failed to present a valid response on time to the claims brought by Mr M Forshaw and Mrs N Anwar. Employment Judge KM Ross decided that the claims, or parts of them, could properly be determined under rule 21.
For Mr Forshaw, the tribunal found that the respondent had made an unauthorised deduction from wages and ordered payment of £7,083.33 for one month's pay for August. It also found that he had been dismissed in breach of contract in respect of notice and ordered damages of £7,083.33 for one month's notice. The respondent had failed to pay his accrued annual leave entitlement of 7.5 days, for which the tribunal awarded £1,746.57. His claim for a redundancy payment was struck out because he had insufficient service with the respondent to bring such a claim.
For Mrs Anwar, the tribunal found that the respondent had made an unauthorised deduction from wages and ordered payment of £6,741 for one month's pay for August. It also found that she had been dismissed in breach of contract in respect of notice and awarded £6,741 for one month's notice. The respondent had failed to pay her accrued annual leave entitlement of 11 days, for which the tribunal awarded £2,438.
The total monetary awards recorded in the judgment are £15,913.23 for Mr Forshaw and £15,920 for Mrs Anwar, giving an aggregate total of £31,833.23. The interest notice stated that no interest was payable if the sums were paid in full within 14 days after 28 February 2023, and that otherwise interest would accrue from 1 March 2023 at 8% per annum.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages was upheld for both claimants: £7,083.33 for Mr M Forshaw and £6,741 for Mrs N Anwar. | Upheld | — | £13,824 |
| Breach of contract | Both claimants were found to have been dismissed in breach of contract in respect of notice: £7,083.33 for Mr M Forshaw and £6,741 for Mrs N Anwar. | Upheld | — | £13,824 |
| Holiday pay | Accrued annual leave was awarded for both claimants: £1,746.57 for 7.5 days for Mr M Forshaw and £2,438 for 11 days for Mrs N Anwar. | Upheld | — | £4,185 |
| Redundancy | Mr M Forshaw's claim for a redundancy payment was struck out because he had insufficient service with the respondent to bring such a claim. | Struck out | — | — |
Remedy
Monetary award- Total award
- £31,833
- across all upheld claims
Legal tests applied
1 reference- Employment Tribunals Rules of Procedure 2013 - Rule 21
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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