Case 2502045/2023 · Employment Tribunal
Mr G Wilkinson v Windsor Financial Solutions Limited — 2023
- Case reference
- 2502045/2023
- Decision date
- 22 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Representation
- Venue
- Newcastle CFCTC
Parties
2 namedClaimant
Mr G Wilkinson
Respondent
Key findings
Tribunal's reasoningThe tribunal found the complaint of breach of contract in relation to notice pay well-founded. It awarded £769.25, calculated using gross pay to reflect the likelihood that the claimant would have to pay tax on it as Post Employment Notice Pay.
The complaint in respect of holiday pay was also well-founded. The tribunal found that the respondent had failed to pay the claimant in accordance with regulations 14(2) and 16(1) of the Working Time Regulations 1998 and awarded £1,538.50, with the claimant responsible for any tax or national insurance.
The tribunal further found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and applied a 25% uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 to both the breach of contract and holiday pay awards, adding £192.31 and £384.63 respectively.
When proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. Finding no exceptional circumstances, the tribunal made an award equal to four weeks' gross pay under section 38 of the Employment Act 2002, amounting to £2,572. The total award was £5,456.69.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay complaint found well-founded; award of £769.25 calculated using gross pay to reflect the likelihood that the claimant would have to pay tax on it as Post Employment Notice Pay, plus a 25% uplift of £192.31 under section 207A TULR(C)A 1992. | Upheld | — | £962 |
| Holiday pay | Complaint in respect of holiday pay found well-founded under regulations 14(2) and 16(1) of the Working Time Regulations 1998; award of £1,538.50 plus a 25% uplift of £384.63 under section 207A TULR(C)A 1992. The claimant was responsible for any tax or national insurance on the holiday pay award. | Upheld | — | £1,923 |
| Other | When proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. The tribunal found no exceptional circumstances and made an award equal to four weeks' gross pay under section 38 of the Employment Act 2002. | Upheld | — | £2,572 |
Remedy
Monetary award- Total award
- £5,457
- across all upheld claims
Legal tests applied
4 references- regulations 14(2) and 16(1) of the Working Time Regulations 1998
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 38 of the 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.
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