Case 2408960/2021 · Employment Tribunal
Mr O Colton v Kane Funeral Services Limited — 2021
- Case reference
- 2408960/2021
- Decision date
- 14 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ganner
Parties
2 namedClaimant
Mr O Colton
Respondent
Key findings
Tribunal's reasoningEmployment Judge Ganner, sitting alone, found that Kane Funeral Services Limited had made an unauthorised deduction from wages and ordered payment of £8,800 gross. The tribunal also found a breach of contract in respect of notice and ordered £700, describing that sum as net but calculated using gross pay to reflect the likelihood of tax treatment as Post Employment Notice Pay. It further found that untaken holiday on termination had not been paid and awarded £1,400 gross, and awarded a further £1,400 as additional compensation for failure to provide written statement of employment particulars under section 1 of the Employment Rights Act 1996.
The tribunal found the complaint of a breach of Regulation 10 of the Working Time Regulations 1998, relating to daily rest, well founded. The judgment does not record a separate monetary award for that complaint. It stated that all gross sums were payable subject to deductions for tax and National Insurance required by law, save for the notice pay claim.
The unfair dismissal claim and the claim for breach of the requirement to be given an itemised pay statement were dismissed upon withdrawal. The total sum payable by the respondent was £12,300.
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 |
|---|---|---|---|---|
| Unlawful deduction from wages | Tribunal ordered payment of the gross sum of £8,800 for an unauthorised deduction from wages. | Upheld | — | £8,800 |
| Breach of contract | Breach of contract in respect of notice; the tribunal said the £700 figure was net but calculated using gross pay to reflect likely tax treatment as Post Employment Notice Pay. | Upheld | — | £700 |
| Holiday pay | Failure to pay untaken holiday on termination; gross award of £1,400. | Upheld | — | £1,400 |
| Other | Additional compensation for failure to provide written statement of employment particulars required by section 1 of the Employment Rights Act 1996. | Upheld | — | £1,400 |
| Working time regulations | Breach of Regulation 10 of the Working Time Regulations (daily rest) was found well founded; no separate monetary figure was stated. | Upheld | — | — |
| Unfair dismissal | The judgment states that the unfair dismissal claim was dismissed upon withdrawal. |
Remedy
Monetary award- Total award
- £12,300
- 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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