Case 2501165/2020 · Employment Tribunal
Mr R Durham v Darlington Railway Hospitality Ltd — 2020
- Case reference
- 2501165/2020
- Decision date
- 2 April 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden REPRESENTATION
Parties
2 namedClaimant
Mr R Durham
Respondent
Key findings
Tribunal's reasoningMr R Durham brought claims against Darlington Railway Hospitality Ltd for a redundancy payment, breach of contract, unlawful deduction from wages, holiday pay, and unfair dismissal. Employment Judge Aspden, sitting by video in Newcastle on 6 November 2020, found that the claimant was entitled to a redundancy payment of £308, that the respondent breached the contract of employment by terminating it without notice and owed £616 in damages, and that there had been an unlawful deduction from wages under section 13 of the Employment Rights Act 1996, with £292.60 payable as the amount deducted.
The tribunal dismissed the holiday pay complaint. It upheld the unfair dismissal complaint and awarded £246.40 by way of compensatory award only. The Recoupment Regulations were applied on the footing that the total award and prescribed element were both £246.40, covering the period from 26 March 2020 to 2 April 2020, with no excess over the prescribed element.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the claimant was entitled to a redundancy payment of £308. | Upheld | — | £308 |
| Breach of contract | The tribunal found the respondent breached the contract of employment by terminating without notice and awarded £616 damages. | Upheld | — | £616 |
| Unlawful deduction from wages | The tribunal upheld the section 13 ERA 1996 complaint and ordered payment of £292.60, being the amount deducted. | Upheld | — | £293 |
| Holiday pay | The complaint that holiday pay due had not been paid was dismissed. | Dismissed | — | — |
| Unfair dismissal | The tribunal upheld the unfair dismissal complaint and awarded £246.40 as a compensatory award only. The Recoupment Regulations were applied on the basis that the total award was £246.40, the prescribed element was £246.40, the period was 26 March 2020 to 2 April 2020, and the excess over the prescribed element was nil. | Upheld | — | £246 |
Remedy
Monetary award- Total award
- £246
- across all upheld claims
- Compensatory award
- £246
- compensatory remedy recorded
Legal tests applied
2 references- section 13 ERA 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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