Case 2501312/2023 · Employment Tribunal
Mr P Clayton v Barwarwick Limited — 2023
- Case reference
- 2501312/2023
- Decision date
- 27 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden REPRESENTATION
Parties
2 namedClaimant
Mr P Clayton
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Barwarwick Limited made unlawful deductions from Mr P Clayton's wages on 20 and 27 February 2023, contrary to section 13 of the Employment Rights Act 1996, and held that complaint well founded. It also found that the matter was one to which the ACAS Code of Practice on Discipline and Grievances applied and that the respondent unreasonably failed to comply with that Code. At the start of the proceedings the respondent was also in breach of its duty under section 1(1) of the Employment Rights Act 1996.
The tribunal ordered Barwarwick Limited to pay Mr Clayton £2,577.20. That sum comprised £1,248.00 for the unlawful deductions, a 15% uplift of £187.20 under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 for the failure to comply with the ACAS Code, and £1,142 representing two weeks' pay under section 38 of the Employment Act 2002 for the breach of section 1(1) of the Employment Rights Act 1996. The claimant's holiday pay complaint was dismissed because it had been withdrawn.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found deductions from wages on 20 and 27 February 2023 contrary to section 13 of the Employment Rights Act 1996. The judgment also records a 15% ACAS uplift and a separate two weeks' pay award under section 38 of the Employment Act 2002 for the section 1(1) breach. | Upheld | — | £1,248 |
| Holiday pay | The judgment states that the holiday pay complaint was dismissed having been withdrawn by the claimant. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £2,577
- across all upheld claims
Legal tests applied
5 references- section 13 Employment Rights Act 1996
- ACAS Code of Practice on Discipline and Grievances
- section 207A Trade Union and Labour Relations (Consolidation) Act 1992
- section 1(1) Employment Rights Act 1996
- section 38 Employment Act 2002
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.