Case 2500088/2020 · Employment Tribunal
Mr Russell v DW Scaffolding Services NE Ltd — 2019
- Case reference
- 2500088/2020
- Decision date
- 25 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden Date
Parties
2 namedClaimant
Mr Russell
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Mr Russell was entitled to a statutory redundancy payment equivalent to 10 weeks' gross pay, calculated as one week's pay for each complete year of service. It also found that the respondent dismissed him on 29 November 2019 after giving only two days' notice, rather than the ten weeks' notice to which he was entitled, so the claim for breach of contract was well founded and damages were awarded for wrongful dismissal.
The tribunal further upheld Mr Russell's complaints under section 13 of the Employment Rights Act 1996 in relation to unpaid wages for the week commencing 25 November 2019 and unpaid accrued holiday on termination. The judgment records awards of £470 for unpaid wages and £799 for accrued but untaken holiday, with the other awards also made in the final judgment.
The respondent was ordered to pay £4,700 as a statutory redundancy payment, £4,532 as damages for breach of contract, £470 for unpaid wages, and £799 for holiday pay. The judgment states that PAYE deductions may be required in respect of the breach of contract damages and the two wage-related awards.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal held that the claimant was entitled to a statutory redundancy payment equivalent to 10 weeks' gross pay, described as one week's pay for each complete year of service. | Upheld | — | £4,700 |
| Breach of contract | The tribunal found that the respondent breached the contract of employment by dismissing the claimant on 29 November 2019 after giving only two days' notice instead of the ten weeks' notice to which he was entitled; the award was described as damages for breach of contract (wrongful dismissal). | Upheld | — | £4,532 |
| Unlawful deduction from wages | The tribunal upheld the complaint that the respondent failed to pay wages for the week commencing 25 November 2019, amounting to an unauthorised deduction from wages contrary to section 13 of the Employment Rights Act 1996. | Upheld | — | £470 |
| Holiday pay | The tribunal upheld the complaint that the respondent failed to pay 1.7 weeks' pay due on termination for accrued but untaken holiday, amounting to an unauthorised deduction from wages contrary to section 13 of the Employment Rights Act 1996. | Upheld | — | £799 |
Remedy
Monetary award- Total award
- £10,501
- across all upheld claims
- Basic award
- £4,700
- statutory, unfair dismissal
- Compensatory award
- £4,532
- compensatory remedy recorded
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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