Case 2409627/2022 · Employment Tribunal
Miss J Duck v Jonathan Kay Limited — 2023
- Case reference
- 2409627/2022
- Decision date
- 28 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mark Butler
Parties
2 namedClaimant
Miss J Duck
Respondent
Key findings
Tribunal's reasoningThe tribunal decided the claim under Rule 21 on the papers. It found that Jonathan Kay Limited had made an unauthorised deduction from the claimant's wages for 7 days worked from 1 to 7 September and ordered payment of £890 gross.
It also found that the claimant had been dismissed in breach of contract in respect of notice. Damages were assessed at £7,753.84, based on weekly pay of £646.15 and 12 weeks' statutory notice. The tribunal further found that the claimant had been dismissed by reason of redundancy and was entitled to a redundancy payment of £17,130, using the calculation set out in the judgment.
In addition, the tribunal found that the respondent had failed to pay the claimant's untaken accrued annual leave entitlement of 1 month and ordered payment of £2,800. The judgment noted that the claimant would be responsible for any tax liabilities arising out of the gross award if tax was not deducted at source.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for 7 days worked from 1 to 7 September. | Upheld | — | £890 |
| Breach of contract | Awarded as damages for dismissal in breach of contract in respect of notice, calculated as 12 weeks' notice at £646.15 weekly pay. | Upheld | — | £7,754 |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and entitled to a redundancy payment calculated by reference to 1.5 weeks' pay for each year over age 41, capped at 20 years. | Upheld | — | £17,130 |
| Holiday pay | The tribunal found the respondent had failed to pay untaken accrued annual leave entitlement of 1 month. | Upheld | — | £2,800 |
Remedy
Monetary award- Total award
- £28,574
- 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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