Case 2501354/2023 · Employment Tribunal
Mr LG Clark v A1 Stockton Limited “In Voluntary Liquidation” — 2024
- Case reference
- 2501354/2023
- Decision date
- 6 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Date
Parties
2 namedClaimant
Mr LG Clark
Key findings
Tribunal's reasoningThe tribunal determined the claim on the papers under Rule 21 of the Employment Tribunals Rules of Procedure 2013 because no response was filed. The respondent was sent the claim form on 5 July 2023, went into creditors voluntary liquidation on 30 October 2023, and neither the respondent nor the liquidator responded. The claimant had also provided further particulars in a questionnaire dated 21 December 2023, including the amounts claimed for wages, notice pay and holiday pay.
The redundancy payment claim was dismissed because the claimant did not have two years' continuous service at the relevant date, as required by section 155 Employment Rights Act 1996. The tribunal found the complaint of unauthorised deduction of wages well-founded for the period 15 March 2023 to 1 May 2023 and awarded £1,048.29 as the gross sum deducted.
The tribunal also found the notice pay breach of contract claim well-founded and awarded £157.29 in damages, calculated using gross pay to reflect the likelihood of post-employment notice pay tax treatment. The holiday pay claim was likewise well-founded under Regulations 14(2) and 16(1) of the Working Time Regulations 1998, with £187.25 awarded. The total award was £1,392.83, with the claimant responsible for any tax or national insurance on the sums identified as gross.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Claim failed because the claimant did not have two years' continuous service at the relevant date, as required by section 155 Employment Rights Act 1996. | Dismissed | — | — |
| Unlawful deduction from wages | Unauthorised deduction from wages found for the period 15 March 2023 to 1 May 2023. | Upheld | — | £1,048 |
| Breach of contract | Breach of contract claim related to notice pay; damages were calculated using gross pay to reflect post-employment notice pay tax treatment. | Upheld | — | £157 |
| Holiday pay | Holiday pay claim succeeded under Regulations 14(2) and 16(1) of the Working Time Regulations 1998. | Upheld | — | £187 |
Remedy
Monetary award- Total award
- £1,393
- across all upheld claims
Legal tests applied
3 references- section 155 Employment Rights Act 1996
- Regulations 14(2) and 16(1) of the Working Time Regulations 1998
- Rule 21 of the Employment Tribunals Rules of Procedure 2013
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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