Case 2501940/2019 · Employment Tribunal
Mr C Manuel v Fix-A-Chip (Tyneside) Limited — 2019
- Case reference
- 2501940/2019
- Decision date
- 11 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Deeley Representation
- Venue
- North Shields
Parties
2 namedClaimant
Mr C Manuel
Respondent
Key findings
Tribunal's reasoningMr C Manuel brought claims against Fix-A-Chip (Tyneside) Limited. The tribunal held that he did not have sufficient continuous employment to bring an ordinary unfair dismissal claim under s108 of the Employment Rights Act 1996, so the unfair dismissal claim under s94 and s98 of the Act was dismissed.
The claimant succeeded on his breach of contract claim, treated as a wrongful dismissal claim under Regulation 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. The tribunal awarded £290.58, payable without PAYE deductions.
He also succeeded on his claim for failure to provide a written statement of employment particulars under s11 ERA 1996, with an award of £590.40 without PAYE deductions. His claim for under-payment of holiday pay as an unlawful deduction from wages under s13 ERA 1996 also succeeded, with an award of £1,561.61 gross subject to PAYE deductions. The total award recorded in the judgment was £2,442.59.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed because the claimant did not have sufficient continuous employment to bring an ordinary unfair dismissal claim under s108 ERA 1996. | Dismissed | — | — |
| Breach of contract | Wrongful dismissal claim under Regulation 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994; awarded without PAYE deductions. | Upheld | — | £291 |
| Other | Claim for failure to provide a written statement of employment particulars under s11 ERA 1996; awarded without PAYE deductions. | Upheld | — | £590 |
| Unlawful deduction from wages | Claim for under-payment of holiday pay under s13 ERA 1996; awarded as gross pay less applicable PAYE deductions. | Upheld | — | £1,562 |
Remedy
Monetary award- Total award
- £2,443
- across all upheld claims
Legal tests applied
6 references- s108 ERA 1996
- s94 ERA 1996
- s98 ERA 1996
- Regulation 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- s11 ERA 1996
- s13 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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