Case 2410314/2022 · Employment Tribunal
Mr J Woolland v DW Gas Services Limited — 2023
- Case reference
- 2410314/2022
- Decision date
- 16 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson REPRESENTATION
Parties
2 namedClaimant
Mr J Woolland
Respondent
Key findings
Tribunal's reasoningThe tribunal combined case numbers 2410314/2022 and 2402529/2023 and proceeded in the respondent's absence after being satisfied that Mr White would have been aware of the hearing. Mr Woolland withdrew the unfair dismissal and holiday pay complaints, and those claims were dismissed upon withdrawal.
The tribunal found that Mr Woolland was employed by DW Gas Services Limited from 2 August 2021 to 4 October 2022 as an apprentice gas fitter on a verbal agreement for £5 per hour in the first year and an average 40-hour week. It found that no written statement of particulars was ever provided and that Mr Woolland did not receive itemised pay statements during the employment.
On the pay evidence, the tribunal found that Mr Woolland had been paid £8,885 but should have received £13,132, leaving a shortfall of £4,247. The unlawful deduction from wages complaint therefore succeeded, and the respondent was ordered to pay that sum.
The breach of contract complaint also succeeded, with £273.20 awarded for one week's statutory notice. The failure to provide a written statement of particulars succeeded with an award of four weeks' pay, £1,092.80. The separate complaint about itemised pay statements also succeeded, but it was not quantified at the final hearing; the tribunal directed the respondent to provide deduction details and supporting documentation within 14 days so that further consideration could be given to any additional award.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Withdrawn by the claimant and dismissed upon withdrawal. | Withdrawn | — | — |
| Holiday pay | Withdrawn by the claimant and dismissed upon withdrawal. | Withdrawn | — | — |
| Unlawful deduction from wages | The tribunal found the claimant should have been paid £13,132 and had received £8,885, leaving a shortfall of £4,247. | Upheld | — | £4,247 |
| Breach of contract | Awarded for one week's statutory notice under section 86 Employment Rights Act 1996. | Upheld | — | £273 |
| Other | Failure to provide a written statement of particulars contrary to sections 1 and 11(1) Employment Rights Act 1996; the tribunal awarded four weeks' pay. | Upheld | — | £1,093 |
| Other | Failure to provide itemised pay statements contrary to sections 8 and 11(2) Employment Rights Act 1996. The complaint succeeded but was not quantified at the final hearing; the tribunal ordered disclosure of deductions and supporting documents within 14 days for possible further quantification. | Upheld | — | — |
Remedy
Monetary award- Total award
- £5,613
- 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
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