Case 2409010/2021 · Employment Tribunal
Miss K D James Mr P Kennedy v Brand New Living Ltd — 2021
- Case reference
- 2409010/2021
- Decision date
- 10 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater Date
Parties
2 namedClaimant
Miss K D James Mr P Kennedy
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment in case numbers 2409010/2021 and 2409175/2021. The tribunal recorded that the respondent had made unauthorised deductions from the claimants' wages and ordered gross payments of £4,459.18 to Miss K D James and £3,076.92 to Mr P Kennedy. It also found that the respondent had made unauthorised deductions from wages by failing to pay in lieu of accrued but untaken holiday entitlement, and ordered gross payments of £1,318 to Miss K D James and £1,923.08 to Mr P Kennedy.
The judgment further recorded that Miss K D James was dismissed in breach of contract in respect of notice. She was awarded £3,076.92 in damages. The tribunal stated that this was a net sum, but it was based on the claimant's gross pay because it was likely that she would have to pay tax on it as Post Employment Notice Pay.
The judgment also directed that the gross sums for unauthorised deductions from wages were payable less the appropriate deductions for tax and national insurance, if any, for which the respondent had to account to HMRC. The hearing listed for 17 December 2021 was cancelled. An attached notice stated that interest would apply under the Employment Tribunals (Interest) Order 1990 if sums remained unpaid after 14 days, with interest running from 11 December 2021 at 8%.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The judgment ordered gross sums for unauthorised deductions from wages for both claimants: Miss K D James £4,459.18 and Mr P Kennedy £3,076.92. | Upheld | — | £7,536 |
| Holiday pay | The judgment ordered gross sums for unauthorised deductions from wages by failing to pay accrued but untaken holiday entitlement for both claimants: Miss K D James £1,318 and Mr P Kennedy £1,923.08. | Upheld | — | £3,241 |
| Breach of contract | Miss K D James was awarded damages for dismissal in breach of contract in respect of notice. The award was stated to be a net sum based on the claimant's gross pay because it was likely to be taxed as Post Employment Notice Pay. | Upheld | — | £3,077 |
Remedy
Monetary award- Total award
- £13,854
- 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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