Case 2500666/2023 · Employment Tribunal

Miss A Knox v Mr Baker of Birtley Limited — 2023

Case reference: 2500666/2023
Decision date: 15 August 2023
Jurisdiction: England & Wales
Judge: Employment Judge Morris

Indexed: 23 May 2026

Parties

2 named

Claimant

Miss A Knox

Respondent

Mr Baker of Birtley Limited

Key findings

Tribunal's reasoning

Miss A Knox succeeded in her redundancy payment claim. The tribunal found that she had been dismissed by reason of redundancy and that, under section 135 of the Employment Rights Act 1996, she was entitled to a redundancy payment calculated under section 162 at £2,736. The respondent did not participate in the hearing and had filed no response.

The tribunal also found that, in dismissing the claimant, the respondent unreasonably failed to comply with the ACAS Code of Practice (Disciplinary and Grievance Procedures) 2015. It therefore increased the redundancy award by 25% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, adding £684 and producing a total award of £3,420.

The claimant's complaint under section 23 of the Employment Rights Act 1996 for unauthorised deduction from wages, based on non-payment of two weeks' wages, was held to be out of time. The tribunal found it was reasonably practicable for her to have presented that complaint within the three-month period, so it could not consider the claim.

The claimant's holiday pay complaint under regulation 14 of the Working Time Regulations 1998 was also held to be out of time under regulation 30(2). The tribunal found that it had been reasonably practicable to present that complaint in time, so it was likewise excluded from consideration.

Claims and outcomes

3 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Redundancy	The tribunal found that the claimant was dismissed by reason of redundancy and was therefore entitled to a statutory redundancy payment. The calculated redundancy payment was £2,736, and the award was increased by 25% under section 207A TULR(C)A 1992 because the respondent unreasonably failed to comply with the ACAS Code of Practice.	Upheld	—	£3,420
Unlawful deduction from wages	The complaint that the respondent failed to pay two weeks' wages was presented outside the three-month time limit in section 23(2) ERA 1996, and the tribunal found it was reasonably practicable to present it in time.	Dismissed	—	—
Working time regulations	The complaint for unpaid accrued holiday pay under regulation 14 of the Working Time Regulations 1998 was presented outside the three-month time limit in regulation 30(2), and the tribunal found it was reasonably practicable to present it in time.	Dismissed	—	—

Remedy

Monetary award

Total award: £3,420; across all upheld claims
Basic award: £2,736; statutory, unfair dismissal

Legal tests applied

8 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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How we got this data

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