Case 2500889/2019 · Employment Tribunal
Mrs E Mullen v Colemans of Newcastle Limited — 2019
- Case reference
- 2500889/2019
- Decision date
- 14 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Deeley Representation
- Venue
- North Shields
Parties
2 namedClaimant
Mrs E Mullen
Respondent
Key findings
Tribunal's reasoningMrs E Mullen succeeded on all three claims against Colemans of Newcastle Limited. The tribunal upheld ordinary unfair dismissal under s.94 and s.98 of the ERA and awarded £5,927.20. It also upheld her breach of contract claim, treated as wrongful dismissal under Regulation 3 of the Employment Tribunals (Extension of Jurisdiction E&W) Order 1994, and awarded £374.56 in relation to notice pay. The unlawful deductions from wages claim for holiday pay under s.13 of the ERA was also upheld, with an award of £187.28 gross in lieu of one week's holiday pay, less applicable PAYE deductions.
The respondent did not attend the hearing. The judgment records that Mr Daniel Anderson, the respondent's director, had previously said the respondent would not attend because it was awaiting confirmation from Companies House that it would be struck off the register, and the tribunal warned the respondent on two occasions that the hearing would proceed in its absence. The written record gives the dispositive findings and awards, but it does not set out fuller written reasons because the reasons were given orally at the hearing and no written reasons were requested.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim upheld under s.94 and s.98 of the ERA; the judgment awards compensation of £5,927.20. | Upheld | — | £5,927 |
| Wrongful dismissal | Breach of contract claim treated as wrongful dismissal under Regulation 3 of the Employment Tribunals (Extension of Jurisdiction E&W) Order 1994; award of £374.56 for notice pay. | Upheld | — | £375 |
| Unlawful deduction from wages | Holiday pay claim under s.13 of the ERA upheld; award of £187.28 gross, less applicable PAYE deductions, in lieu of one week's holiday pay. | Upheld | — | £187 |
Remedy
Monetary award- Total award
- £6,489
- across all upheld claims
- Compensatory award
- £5,927
- compensatory remedy recorded
Legal tests applied
3 references- s.94 and s.98 ERA 1996
- Regulation 3 of the Employment Tribunals (Extension of Jurisdiction E&W) Order 1994
- s.13 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.
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