Case 2500958/2022 · Employment Tribunal
Mr B Campbell v Sean McAndrews trading as Osbourne Motor Transport and 1 other — 2022
- Case reference
- 2500958/2022
- Decision date
- 10 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Representation
- Venue
- Newcastle CFCTC
Parties
3 namedClaimant
Mr B Campbell
Key findings
Tribunal's reasoningAll claims against the second respondent were dismissed. Against the first respondent, the tribunal found an unauthorised deduction from wages claim well-founded under section 13 of the Employment Rights Act 1996 and awarded £564.38 gross. It also found the accrued holiday pay claim well-founded under regulation 14 of the Working Time Regulations 1998 and awarded £338.61 gross, both subject to any deductions of tax and national insurance where applicable.
The tribunal further awarded the claimant two weeks' gross pay of £1,128.76 under section 38 of the Employment Act 2002 because the respondent had failed to provide a section 1 statement. It dismissed the claimant's notice pay claim, the separate breach of contract claim, and the claim for compensation for stress and anxiety as not well-founded. The total award recorded was £2,031.75.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996 and ordered payment of £564.38 gross, subject to deductions of tax and national insurance where applicable. | Upheld | — | £564 |
| Holiday pay | The tribunal found the accrued holiday pay claim well-founded under regulation 14 of the Working Time Regulations 1998 and ordered payment of £338.61 gross, subject to deductions of tax and national insurance where applicable. | Upheld | — | £339 |
| Other | The tribunal awarded two weeks' gross pay under section 38 of the Employment Act 2002 for failure to provide a written statement under section 1. | Upheld | — | £1,129 |
| Breach of contract | The judgment describes this as the claimant's notice pay claim, which was found not well-founded and dismissed. | Dismissed | — | — |
| Breach of contract | A separate breach of contract claim was found not well-founded and dismissed. | Dismissed | — | — |
| Other |
Remedy
Monetary award- Total award
- £2,032
- across all upheld claims
Legal tests applied
4 references- section 13 Employment Rights Act 1996
- regulation 14 Working Time Regulations 1998
- section 38 Employment Act 2002
- section 1 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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