Case 2500005/2024 · Employment Tribunal
Mr BM Dufton v Mr PW West (trading as PW West Home Improvements) — 2024
- Case reference
- 2500005/2024
- Decision date
- 16 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Morris
Parties
2 namedClaimant
Mr BM Dufton
Key findings
Tribunal's reasoningEmployment Judge Morris, sitting alone at Newcastle Hearing Centre by CVP on 11 April 2024, considered three complaints brought by Mr BM Dufton against Mr PW West, trading as PW West Home Improvements. The judge found that the respondent had made an unauthorised deduction from the claimant's wages contrary to section 13 of the Employment Rights Act 1996, in that wages properly payable in connection with his employment had not been paid, and ordered the respondent to pay £564.96 in respect of that complaint.
The judge also found that the respondent had not paid the claimant compensation for accrued but untaken paid holiday at the termination of his employment, contrary to Regulation 14 of the Working Time Regulations 1998, and ordered payment of £60.83 in respect of that entitlement. The claimant's separate contract claim, which sought reimbursement of the cost of two rail tickets said to be due under his contract of employment, was found not well-founded and was dismissed.
The total amount the respondent was ordered to pay was £625.79. The awards were calculated by reference to the claimant's gross pay, with any liability for income tax or employee's national insurance contributions remaining with the claimant. Written reasons were not provided as reasons had been given orally at the hearing and no written request was made.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Complaint under s.23 Employment Rights Act 1996 that the respondent made an unauthorised deduction contrary to s.13 ERA 1996 by not paying wages properly payable; found well-founded. | Upheld | — | £565 |
| Holiday pay | Complaint under Regulation 14 of the Working Time Regulations 1998 for compensation in respect of accrued but untaken paid holiday at termination; found well-founded. | Upheld | — | £61 |
| Breach of contract | Contract claim that the respondent had failed to reimburse the cost of two rail tickets allegedly due under the contract; found not well-founded and dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £626
- across all upheld claims
Legal tests applied
3 references- section 23 of the Employment Rights Act 1996
- section 13 of the Employment Rights Act 1996
- Regulation 14 of the Working Time Regulations 1998
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.