Case 2412060/2023 · Employment Tribunal
Miss S A Harper v Prophecy Performance Centre Limited (“in voluntary liquidation”) — 2024
- Case reference
- 2412060/2023
- Decision date
- 7 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ainscough
Parties
2 namedClaimant
Miss S A Harper
Key findings
Tribunal's reasoningThe tribunal entered judgment under Rule 21. It found that the respondent had made an unauthorised deduction from the claimant's wages by not paying her for 45 hours at £11.50 per hour, and ordered payment of £517.50. It also found that the claimant had been dismissed in breach of contract in respect of the one-week notice period and ordered £235.75, being her average weekly pay.
The tribunal further found that holiday entitlement on termination had not been paid. Using an average daily pay of £47.15 and 3.2 days' entitlement, it ordered £150.88 gross.
Finally, the tribunal dealt with the claimant's complaint that the respondent had failed to provide a contract of employment. Referring to section 38 of the Employment Act 2002, it awarded compensation of four weeks' pay, assessed at £943. The amounts ordered therefore total £1,847.13. An attached interest notice stated that unpaid sums would carry interest under the Employment Tribunals (Interest) Order 1990 if unpaid after 14 days from the relevant decision day, which was recorded as 7 May 2024, with a calculation day of 8 May 2024 and a stipulated rate of 8%.
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 because the respondent did not pay the claimant for 45 hours at £11.50 per hour. | Upheld | — | £518 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract in respect of the one-week notice period and used the claimant's average weekly pay of £235.75. | Upheld | — | £236 |
| Holiday pay | The tribunal found holiday entitlement on termination remained unpaid. It used an average daily pay of £47.15 and 3.2 days' entitlement. | Upheld | — | £151 |
| Other | The tribunal said the claimant complained that the respondent failed to provide a contract of employment and awarded compensation of four weeks' pay under section 38 of the Employment Act 2002. | Upheld | — | £943 |
Remedy
Monetary award- Total award
- £1,847
- across all upheld claims
Legal tests applied
1 reference- Section 38 Employment Act 2002
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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