Case 2501975/2023 · Employment Tribunal
Miss DA Ivey v Mark Davies trading as Bennett Richmond and 1 other — 2023
- Case reference
- 2501975/2023
- Decision date
- 6 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Date
Parties
3 namedClaimant
Miss DA Ivey
Key findings
Tribunal's reasoningThe claimant, Miss DA Ivey, brought claims arising from the termination of her employment for notice pay, redundancy pay, unpaid wages and holiday pay. The first respondent’s title was amended to Mark Davies trading as Bennett Richmond, and all claims against the second respondent were dismissed. The judgment was entered under Rule 21 on the basis that the claim was not defended.
The tribunal held that the complaint or breach of contract in relation to notice pay was well-founded. It also determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment. These findings disposed of the notice pay and redundancy issues in the claimant’s favour.
The tribunal further found that the respondent had made an unauthorised deduction from wages in the period from 31 May 2023 to 9 June 2023. It also found the holiday pay complaint well-founded, stating that the respondent failed to pay the claimant in accordance with regulations 14(2) and 16(1) of the Working Time Regulations 1998.
No amount was assessed in this liability judgment. The tribunal noted that the amount payable would be decided at the remedy hearing on 14 November 2023, and that the claimant’s holiday pay calculation was unclear and insufficient to permit an award at this stage.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The judgment found the complaint or breach of contract in relation to notice pay well-founded. | Upheld | — | — |
| Redundancy | The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for the period 31 May 2023 to 9 June 2023. | Upheld | — | — |
| Holiday pay | The tribunal found the holiday pay complaint well-founded and held that the respondent failed to pay in accordance with regulations 14(2) and 16(1) of the Working Time Regulations 1998. | Upheld | — | — |
Legal tests applied
2 references- section 163 Employment Rights Act 1996
- regulations 14(2) and 16(1) of the Working Time Regulations 1998
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
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