Case 2500698/2022 · Employment Tribunal
Mr F Killen v Abbey Joinery and Manufacture Limited — 2022
- Case reference
- 2500698/2022
- Decision date
- 16 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shore Appearances
Parties
2 namedClaimant
Mr F Killen
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr F Killen, brought claims against Abbey Joinery and Manufacture Limited for unfair dismissal, holiday pay, and unauthorised deductions from wages. At the hearing on 16 September 2022 before Employment Judge Shore, the tribunal recorded that the unfair dismissal claim and the holiday pay claim were dismissed upon withdrawal. The respondent name was corrected to Abbey Joinery and Manufacture Limited.
The tribunal then dealt with the wage and SSP issues. It found that the claimant was paid £134.62 gross per day, or £16.83 gross per hour, and that the SSP rate was £96.35 per week, or £19.27 per day, rising from 6 April 2022 to £99.35 per week, or £19.87 per day. The claims for 104 hours of overtime in September and October 2021, 24 hours of overtime in October 2021, and pay for 13 October 2021 failed.
The tribunal accepted the claim for 56 hours' work between 17 November 2021 and 30 November 2021 in part. It allowed 40 hours' pay at £16.83 per hour, totalling £673.20, and deducted 8 days' SSP of £154.16, leaving £519.04 gross due for that element. It also found that the claimant had not resigned and was not dismissed from the respondent's employment until 22 April 2022, and that he was certified unfit to work from 21 January 2022 to 30 April 2022.
On that basis, the tribunal awarded SSP of £1,002.04 gross for 21 January 2022 to 5 April 2022 and £258.31 gross for 6 April 2022 to 22 April 2022, producing a total payable of £1,779.39 gross.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim dismissed upon withdrawal. | Withdrawn | — | — |
| Holiday pay | Claim dismissed upon withdrawal. | Withdrawn | — | — |
| Unlawful deduction from wages | The tribunal rejected the claims for 104 hours' overtime in September and October 2021, 24 hours' overtime in October 2021, and pay for 13 October 2021. It accepted the claim for 56 hours' work between 17 and 30 November 2021 in part, allowing credit for two days' pay and SSP, and it also found the claimant was entitled to SSP from 21 January 2022 to 22 April 2022. | Upheld | — | £1,779 |
Remedy
Monetary award- Total award
- £1,779
- across all upheld claims
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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