Case 2502487/2019 · Employment Tribunal
Michael Nesbit v Pringle Building Services Limited — 2020
- Case reference
- 2502487/2019
- Decision date
- 2 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sweeney Representation
- Venue
- North Shields
Parties
2 namedClaimant
Michael Nesbit
Respondent
Key findings
Tribunal's reasoningThe case was heard at North Shields on 2 January 2020 before Employment Judge Sweeney. The respondent did not appear. The tribunal found that all four pleaded claims succeeded: wrongful dismissal (described as notice pay), unfair dismissal, holiday pay under regulation 30 of the Working Time Regulations and section 23 Employment Rights Act 1996, and unlawful deduction from wages relating to the first and final weeks of employment.
On remedy, the tribunal awarded £4,687.50 for wrongful dismissal, £10,725 for unfair dismissal, £1,175.34 for outstanding holiday pay, and £2,937.50 for unlawful deduction of wages. The unfair dismissal award was broken down into a basic award of £1,575 and a compensatory award of £9,150. The tribunal recorded that the unfair dismissal compensatory award was calculated from £7,320 uplifted by 25% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, and that the holiday pay and wage claims also included ACAS uplifts.
The tribunal stated that the total amount due to the claimant was £19,525.34. It also recorded that the claimant had not claimed any benefits and that the recoupment provisions did not apply.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Wrongful dismissal was pleaded as notice pay and succeeded. The tribunal awarded £4,687.50, calculated from £1,250 gross per week for 3 weeks (£3,750) with a 25% ACAS uplift. | Upheld | — | £4,688 |
| Unfair dismissal | The unfair dismissal claim succeeded. The award comprised a basic award of £1,575 and a compensatory award of £9,150, the latter being £7,320 uplifted by 25% under section 207A TULRCA 1992. | Upheld | — | £10,725 |
| Working time regulations | The claim under regulation 30 of the Working Time Regulations and section 23 ERA 1996 for outstanding holiday pay succeeded. The tribunal awarded £1,175.34, made up of £156.71 x 3 = £940.27 with a 24% ACAS uplift. | Upheld | — | £1,175 |
| Unlawful deduction from wages | The claim for unlawful deduction from wages in respect of the first and final weeks of employment succeeded. The award was £2,937.50, calculated from £1,100 for the first week, £1,100 for the week ending 5 July 2019, and £150 car allowance, uplifted by 25% ACAS uplift. | Upheld | — | £2,938 |
Remedy
Monetary award- Total award
- £19,525
- across all upheld claims
- Basic award
- £1,575
- statutory, unfair dismissal
- Compensatory award
- £9,150
- compensatory remedy recorded
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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