Case 2500216/2023 · Employment Tribunal
Mr M Wigglesworth (1) Mr JL Tarpey (2) Mrs Z Byrom (3) Mr D Sayers (4) v Fast Track Housing Ltd — 2023
- Case reference
- 2500216/2023
- Decision date
- 5 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Morris
Parties
2 namedClaimant
Mr M Wigglesworth (1) Mr JL Tarpey (2) Mrs Z Byrom (3) Mr D Sayers (4)
Respondent
Key findings
Tribunal's reasoningEmployment Judge Morris, sitting alone at Newcastle Hearing Centre by CVP on 24 May 2023, heard four unrepresented claimants and a respondent that had not presented a response. The tribunal found that each claimant succeeded on a section 23 Employment Rights Act 1996 complaint that Fast-Track Housing Limited had made unauthorised deductions from wages contrary to section 13 for the period beginning 1 December 2022 and ending with the termination of employment.
For Mr M Wigglesworth, the tribunal ordered payment of £8,331.31 for unpaid wages, £1,713 redundancy pay and £300 for accrued but untaken holiday. His pension contribution complaint was dismissed following withdrawal. For Mr D Sayers, the tribunal ordered payment of £12,500 for unpaid wages, £1,713 redundancy pay and £884.61 for accrued holiday. His pension contribution complaint was also dismissed following withdrawal.
For Mr JL Tarpey and Mrs Z Byrom, the tribunal upheld the unpaid wages claims, the contract claims for termination without notice or payment in lieu of notice, the redundancy pay claims and the holiday pay claims. The notice claims were awarded at £1,689.52 each; the redundancy payments were £961.54 each; and the holiday pay awards were £336.52 each. The judgment text prints the unpaid wages awards for Tarpey and Byrom as '£1.264.87'; those amounts are treated here as £1,264.87. The tribunal recorded that the wage and holiday awards were calculated by reference to gross pay, while the notice awards were calculated by reference to net pay and any tax or national insurance liability for those sums fell on the respondent.
Claims and outcomes
18 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Mr M Wigglesworth: unpaid wages claim under section 23/section 13 ERA 1996 for the period beginning 1 December 2022 until termination. | Upheld | — | £8,331 |
| Redundancy | Mr M Wigglesworth: redundancy payment under section 163 ERA 1996. | Upheld | — | £1,713 |
| Holiday pay | Mr M Wigglesworth: compensation for accrued but untaken paid holiday at termination. | Upheld | — | £300 |
| Other | Mr M Wigglesworth: pension contribution claim concerning sums said to be due to NEST for employee and employer contributions; dismissed following withdrawal by the claimant. | Dismissed | — | — |
| Unlawful deduction from wages | Mr JL Tarpey: the judgment text prints this amount as '£1.264.87'; treated here as £1,264.87. Unpaid wages claim under section 23/section 13 ERA 1996 for the period beginning 1 December 2022 until termination. | Upheld | — | £1,265 |
| Breach of contract | Mr JL Tarpey: contract claim for termination without the notice due or payment in lieu of notice. | Upheld | — | £1,690 |
Remedy
Monetary award- Total award
- £33,947
- across all upheld claims
Legal tests applied
3 references- section 23 ERA 1996
- section 13 ERA 1996
- section 163 ERA 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.
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.