Case 2500025/2023 · Employment Tribunal
Miss H Benoist First v John J Stirk Limited Second Respondent Broadway Pub Co — 2023
- Case reference
- 2500025/2023
- Decision date
- 17 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden REPRESENTATION
Parties
2 namedClaimant
Miss H Benoist First
Key findings
Tribunal's reasoningEmployment Judge Aspden sat at Newcastle by video on 17 March 2023. The tribunal corrected the name of the first respondent to John J Stirk Limited. The claimant appeared in person and there was no attendance for the respondents.
The tribunal upheld the claimant's complaint that the first respondent made unlawful deductions from wages contrary to section 13 of the Employment Rights Act 1996. It ordered the first respondent to pay £1,498.96, described as the amount deducted from the claimant's wages less an amount that had already been paid.
The tribunal also upheld the claimant's complaint that the first respondent had not paid an amount owing in respect of accrued untaken annual leave due on termination. It ordered payment of £253.80, being the amount due to the claimant.
The claims against the second respondent were dismissed. The written record notes that reasons were given orally at the hearing and no written reasons were provided unless requested within 14 days.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found the first respondent had made deductions from wages in contravention of section 13 of the Employment Rights Act 1996 and ordered payment of £1,498.96, described as the amount deducted less an amount already paid. | Upheld | — | £1,499 |
| Holiday pay | The tribunal found the first respondent had failed to pay an amount owing in respect of accrued untaken annual leave due on termination and ordered payment of £253.80. | Upheld | — | £254 |
Remedy
Monetary award- Total award
- £1,753
- across all upheld claims
Legal tests applied
1 reference- section 13 of the Employment Rights Act 1996
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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