Case 2500182/2023 · Employment Tribunal
Mrs L Crichton v Mr Baker of Birtley NE Ltd — 2023
- Case reference
- 2500182/2023
- Decision date
- 22 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sweeney Representation
- Venue
- Newcastle
Parties
2 namedClaimant
Mrs L Crichton
Respondent
Key findings
Tribunal's reasoningMrs L Crichton succeeded in claims for a statutory redundancy payment, accrued but untaken holiday pay, breach of contract for failure to give 9 weeks' notice, unfair dismissal, and unlawful deduction of wages in respect of unpaid statutory sick pay. The tribunal ordered payment of £2,052 redundancy pay, £380 holiday pay, and £1,368 damages for the notice period, giving a total amount payable of £3,800.
The unfair dismissal complaint was well founded, but the tribunal reduced the basic award of £2,052 to zero under section 122(4) Employment Rights Act 1996 because it was offset by the statutory redundancy payment. No compensatory award was made because the tribunal found that the claimant would have been fairly dismissed with effect from 18 November 2022, and her losses between 14 November 2022 and that date were recovered by the breach of contract damages.
The unlawful deduction of wages complaint also succeeded, but although the amount due was identified as £132.47, it had since been satisfied on behalf of the respondent and the tribunal made no award under section 24 Employment Rights Act 1996.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Statutory redundancy payment under section 163 Employment Rights Act 1996; ordered to pay £2,052. | Upheld | — | £2,052 |
| Holiday pay | Accrued but untaken holiday pay under Regulation 30 Working Time Regulations; ordered to pay £380. | Upheld | — | £380 |
| Breach of contract | Failure to give 9 weeks' notice; damages awarded at £1,368. | Upheld | — | £1,368 |
| Unfair dismissal | The complaint succeeded, but the basic award of £2,052 was reduced to zero under section 122(4) Employment Rights Act 1996 by the statutory redundancy payment, and no compensatory award was made because the tribunal found the claimant would have been fairly dismissed with effect from 18 November 2022. | Upheld | — | £0 |
| Unlawful deduction from wages | The complaint succeeded in respect of unpaid statutory sick pay of £132.47, but the amount due had since been satisfied on behalf of the respondent and no award was made under section 24 Employment Rights Act 1996. | Upheld | — | — |
Remedy
Monetary award- Total award
- £3,800
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £0
- compensatory remedy recorded
Legal tests applied
4 references- section 163 Employment Rights Act 1996
- Regulation 30 Working Time Regulations
- section 122(4) Employment Rights Act 1996
- section 24 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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