Case 2417977/2020 · Employment Tribunal
Mr S Treharne v Alpha Energy Direct Limited — 2021
- Case reference
- 2417977/2020
- Decision date
- 28 June 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McAvoy Newns
Parties
2 namedClaimant
Mr S Treharne
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld the claimant's unfair dismissal claim. It recorded that a Polkey reduction applied to the compensatory award, limiting compensation for loss of earnings to two weeks' pay of £1,240 and loss of statutory rights of £500. The written judgment does not identify any separate basic award.
The tribunal also upheld the claimant's statutory redundancy payment claim. It found that, on 11 years' continuous service, he was entitled to a redundancy payment of £4,070. As he had already received £1,198.24, the respondent was ordered to pay the balance of £2,871.76.
The claim for unpaid statutory notice pay also succeeded. On the same 11-year service basis, the tribunal found that £4,070 was due for notice pay. After crediting the £599.32 already paid, the respondent was ordered to pay £3,470.68.
The tribunal found the claim for a payment in lieu of accrued but untaken holiday to be well-founded after considering the evidence and the respondent's concession during the hearing. It recorded the claimant's calculation as £704 and directed the respondent to say within 14 days whether it accepted that figure; if not, the tribunal set out a further paper process and reserved the issue for later determination if necessary. The judgment states that the sums awarded are gross and that any income tax or National Insurance due is the claimant's responsibility.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Compensatory award limited by a Polkey reduction to two weeks' pay (£1,240) plus loss of statutory rights (£500). | Upheld | — | £1,740 |
| Redundancy | The tribunal found the claimant had 11 years' continuous service and was entitled to a statutory redundancy payment of £4,070, less £1,198.24 already received. | Upheld | — | £2,872 |
| Breach of contract | Claim for unpaid statutory notice pay; the tribunal found £4,070 was due, less £599.32 already paid. | Upheld | — | £3,471 |
| Holiday pay | The tribunal found the claim for a payment in lieu of accrued but untaken holiday well-founded, but the exact amount was left to the respondent to accept or dispute; the claimant's calculation was £704. | Upheld | — | — |
Remedy
Monetary award- Total award
- £8,082
- across all upheld claims
- Compensatory award
- £1,740
- compensatory remedy recorded
Legal tests applied
1 reference- Polkey reduction
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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