Case 2418207/2020 · Employment Tribunal
Mr D Gibbons and others (see schedule) v Lunar Automotives Limited — 2022
- Case reference
- 2418207/2020
- Decision date
- 23 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater
Parties
2 namedClaimant
Mr D Gibbons and others (see schedule)
Respondent
Key findings
Tribunal's reasoningThis Rule 21/Rule 60 judgment concerns multiple claimants against Lunar Automotives Limited, with case 2418207/2020 belonging to Mr D Gibbons. The tribunal found that the respondent was in breach of contract by paying Mr Gibbons at 80% rather than 100% of normal pay for holiday taken on 5 days (10 April 2020, 13 April 2020, 8 May 2020, 25 May 2020 and 31 August 2020), and ordered damages of £115.38.
Mr Gibbons' remaining complaints of constructive unfair dismissal and for failure to pay in lieu of accrued but untaken holiday on termination of employment were not determined in this judgment and were directed to be determined at a final hearing. A separate complaint relating to employee pension contributions was stayed pursuant to separate case management orders.
The judgment was issued by Employment Judge Slater sitting alone, on the basis of no response having been presented or admissions in the response. The figures for Mr Gibbons' damages were calculated on the gross pay basis as no net figure had been provided.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Mr D Gibbons: respondent paid 80% rather than 100% of normal pay for holiday taken on 5 days. Damages of £115.38 awarded. | Upheld | — | £115 |
| Constructive dismissal | Mr D Gibbons' complaint of constructive unfair dismissal was not determined in this judgment; it will be determined at a final hearing. | Other | — | — |
| Holiday pay | Mr D Gibbons' complaint for failure to pay in lieu of accrued but untaken holiday on termination of employment will be determined at a final hearing. | Other | — | — |
Remedy
Monetary award- Total award
- £115
- across all upheld claims
Legal tests applied
2 references- Employment Tribunals Rules of Procedure 2013 – Rule 21
- Employment Tribunals Rules of Procedure 2013 – Rule 60
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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