Case 2415137/2021 · Employment Tribunal
Mr S McCann v Lunar Automotive Limited (in compulsory liquidation) — 2022
- Case reference
- 2415137/2021
- Decision date
- 23 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater
Parties
2 namedClaimant
Mr S McCann
Key findings
Tribunal's reasoningThe judgment was made under rule 21 because the respondent failed to present a valid response on time and the Employment Judge decided the claim, or part of it, could properly be determined without a response.
The tribunal found that the respondent had made unauthorised deductions from wages for wages earned between 15 December 2020 and 30 June 2021, and by failing to pay the claimant in lieu of accrued but untaken holiday entitlement. It also found that the claimant was dismissed in breach of contract in respect of notice, and that he had been dismissed by reason of redundancy and was entitled to a redundancy payment.
The tribunal further found a breach of contract arising from holiday taken between 26 March 2020 and 8 March 2021 being paid at 80% rather than 100% of normal pay. A separate complaint about deductions for employee pension contributions that were allegedly not paid into the pension scheme was stayed to be dealt with in a separate judgment.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages for wages earned from 15 December 2020 to 30 June 2021. | Upheld | — | £10,468 |
| Breach of contract | Dismissal in breach of contract in respect of notice. | Upheld | — | £6,688 |
| Redundancy | The claimant was dismissed by reason of redundancy and found entitled to a redundancy payment. | Upheld | — | £14,144 |
| Holiday pay | Unauthorised deduction from wages by failing to pay in lieu of accrued but untaken holiday entitlement. | Upheld | — | £1,393 |
| Breach of contract | Breach of contract by paying holiday taken between 26 March 2020 and 8 March 2021 at 80% rather than 100% of normal pay. | Upheld | — | £178 |
Remedy
Monetary award- Total award
- £32,872
- across all upheld claims
Legal tests applied
1 reference- Employment Tribunals Rules of Procedure 2013 - Rule 21
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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