Case 2501162/2020 · Employment Tribunal
Miss L McCreath v Darlington Railway Hospitality Ltd — 2020
- Case reference
- 2501162/2020
- Decision date
- 2 April 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden REPRESENTATION
Parties
2 namedClaimant
Miss L McCreath
Respondent
Key findings
Tribunal's reasoningMiss L McCreath brought claims against Darlington Railway Hospitality Ltd arising out of the termination of her employment. The tribunal, sitting by video at Newcastle before Employment Judge Aspden on 6 November 2020, recorded that the respondent did not attend. It found that the claimant was entitled to a redundancy payment of £394.08.
The tribunal also upheld the claimant's breach of contract complaint, finding that the respondent breached the contract of employment by terminating it without notice, and awarded damages of £394.08. It further upheld the complaint of unlawful deduction from wages under section 13 of the Employment Rights Act 1996 and ordered payment of £197.04, being the amount deducted.
The complaint that holiday pay due had not been paid was dismissed. The unfair dismissal complaint was upheld and the tribunal awarded £131.36 as compensation, expressly stating that this consisted of a compensatory award only.
The written judgment also applies the Recoupment Regulations to the unfair dismissal award, identifying the total award and prescribed element as £131.36 and stating that the prescribed element period was 26 March 2020 to 2 April 2020. The excess over the prescribed element was nil.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Recorded from the judgment. | Upheld | — | £394 |
| Breach of contract | Damages were awarded for terminating the contract without notice. | Upheld | — | £394 |
| Unlawful deduction from wages | The tribunal found a deduction from wages in contravention of section 13 ERA 1996. | Upheld | — | £197 |
| Holiday pay | The complaint that holiday pay due had not been paid was not made out. | Dismissed | — | — |
| Unfair dismissal | The tribunal awarded compensation for unfair dismissal, consisting of a compensatory award only. | Upheld | — | £131 |
Remedy
Monetary award- Total award
- £1,117
- across all upheld claims
- Compensatory award
- £131
- compensatory remedy recorded
Legal tests applied
2 references- section 13 Employment Rights Act 1996
- Recoupment Regulations
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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