Case 2408752/2020 · Employment Tribunal
Miss J Machin v The Rising Sun Limited — 2021
- Case reference
- 2408752/2020
- Decision date
- 5 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey
Parties
2 namedClaimant
Miss J Machin
Respondent
Key findings
Tribunal's reasoningThe case was determined under Rule 21 because the respondent did not file a response form defending the claim. On that basis, Regional Employment Judge Franey entered judgment for the claimant on the holiday entitlement issue and on the written statement issue, and ordered payment of £50.00 gross for unpaid holiday and £200 for four weeks' pay for failure to provide written terms.
The tribunal dismissed the complaint that the claimant should be compensated for earnings lost because she was not furloughed after dismissal. It recorded that it had no jurisdiction to award compensation for a failure to place an employee on the furlough scheme.
The judgment also dealt with a complaint about tax and national insurance deductions, but said the tribunal had no jurisdiction over that issue and that such matters should be raised with HMRC. The attached interest notice stated that sums payable under the judgment would carry interest if unpaid after 14 days, with a relevant judgment day of 5 August 2021 and a stipulated rate of 8%, but the judgment itself did not quantify any separate interest award.
Claims and outcomes
4 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 |
|---|---|---|---|---|
| Holiday pay | The tribunal found the respondent failed to pay the claimant's holiday entitlement and ordered payment of the gross sum of £50.00. | Upheld | — | £50 |
| Unlawful deduction from wages | The complaint of unlawful deductions from pay in relation to earnings lost because the claimant was not furloughed after dismissal was dismissed; the tribunal said it had no jurisdiction to award compensation for a failure to place an employee on the furlough scheme. | Dismissed | — | — |
| Unlawful deduction from wages | The complaint about failure to deal with tax and national insurance deductions properly was said to be one over which the tribunal had no jurisdiction; the judgment states such matters should be raised with HMRC. | Other | — | — |
| Other | The tribunal found the respondent failed in its duty to provide the claimant with a written statement of the main terms of employment and ordered four weeks' pay in the sum of £200. | Upheld | — | £200 |
Remedy
Monetary award- Total award
- £250
- 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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