Case 2501516/2023 · Employment Tribunal
Mr Brian Kipling v Rooflight Architectural Ltd (In Voluntary Liquidation) and 1 other — 2023
- Case reference
- 2501516/2023
- Decision date
- 18 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McGregor By
- Venue
- Newcastle
Parties
3 namedClaimant
Mr Brian Kipling
Key findings
Tribunal's reasoningThe Tribunal determined, on the Claimant's reference under section 170 Employment Rights Act 1996, that the Claimant was employed by the First Respondent under a contract of employment for 18 hours a week. It found that the First Respondent was liable to pay an employer's payment within section 166(2)(a) ERA, namely a redundancy payment, and that this payment was payable by the Second Respondent.
The amount of the redundancy payment was agreed at £4,413.29. On the Claimant's complaint against the Second Respondent under section 188 ERA for payments under section 182 ERA, the Second Respondent agreed and the Tribunal declared that payments were due for arrears of pay, notice pay, and unpaid and untaken annual leave. The Tribunal ordered the Second Respondent to pay the Claimant £5,999.78 in total within 14 days.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The Tribunal determined that the First Respondent was liable for an employer's payment, namely a redundancy payment, and that it was payable by the Second Respondent. | Upheld | — | £4,413 |
| Unlawful deduction from wages | The Tribunal declared payment for 8 weeks' arrears of pay under the Employment Rights Act 1996 insolvency payment provisions. | Upheld | — | £1,385 |
| Breach of contract | The Tribunal declared payment for 1 week's notice pay under the Employment Rights Act 1996 insolvency payment provisions. | Upheld | — | £173 |
| Holiday pay | The Tribunal declared payment for 1 day of unpaid and untaken annual leave. | Upheld | — | £29 |
Remedy
Monetary award- Total award
- £6,000
- across all upheld claims
Legal tests applied
4 references- s170 Employment Rights Act 1996
- s166(2)(a) ERA 1996
- s188 ERA 1996
- s182 ERA 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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