Case 2408389/2021 · Employment Tribunal

Mr G Pennington v M Clayton Transport Ltd and 1 other — 2021

Case reference: 2408389/2021
Decision date: 5 November 2021
Jurisdiction: England & Wales
Judge: Employment Judge Ainscough Date

Indexed: 21 May 2026

Parties

3 named

Claimant

Mr G Pennington

Respondents

Key findings

Tribunal's reasoning

This was a Rule 21 judgment entered by Employment Judge Ainscough. The tribunal found that M Clayton Transport Limited had made an unauthorised deduction from the claimant's wages contrary to section 13 of the Employment Rights Act 1996 and ordered it to pay £2,413.33 gross.

The tribunal also found that M Clayton Transport Limited and Pegasus Couriers Scotland Limited had failed to consult in accordance with Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006. It held them jointly and severally liable to pay £6,564.99 gross. In a separate finding, it held Pegasus Couriers Scotland Limited liable for an unauthorised deduction from wages contrary to section 13 of the Employment Rights Act 1996 and ordered it to pay £156.00 gross.

The listed hearing on 8 December 2021 was cancelled. The total of the awards set out in the judgment is £9,134.32 gross. The attached interest notice stated the relevant decision day and stipulated rate of interest, but the judgment itself did not set out any separate quantified interest award.

Claims and outcomes

3 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unlawful deduction from wages	The first respondent, M Clayton Transport Limited, was ordered to pay the claimant the gross sum of £2,413.33.	Upheld	—	£2,413
Transfer of undertakings (TUPE)	The first and second respondents were found to have failed to consult in accordance with Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and were held jointly and severally liable for £6,564.99 gross.	Upheld	—	£6,565
Unlawful deduction from wages	The second respondent, Pegasus Couriers Scotland Limited, was ordered to pay the claimant the gross sum of £156.00.	Upheld	—	£156

Remedy

Monetary award

Total award: £9,134; across all upheld claims

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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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