Case 2502652/2023 · Employment Tribunal
Mr R Fitzgerald v Tyne and Wear Property Services Limited — 2024
- Case reference
- 2502652/2023
- Decision date
- 10 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Heather REPRESENTATION
Parties
2 namedClaimant
Mr R Fitzgerald
Respondent
Key findings
Tribunal's reasoningAt the hearing on 11 April 2024 before Employment Judge Heather, the claimant appeared in person and the respondent did not attend. The tribunal held that the claimant was entitled to a redundancy payment under section 163 Employment Rights Act 1996 in the sum of £9,966.50.
The complaint of unfair dismissal was also well-founded. The tribunal made a basic award of £0, recording that no separate award was made beyond the redundancy payment, and a compensatory award of £5,148.15.
The tribunal further found that the notice pay complaint was a well-founded breach of contract claim, but it made no separate financial award because the compensatory award had already been made. It also upheld the holiday pay complaint, finding an unauthorised deduction from wages arising from unpaid accrued but untaken holiday at the end of employment, and awarded £1,029.60.
Finally, the tribunal upheld a separate complaint described as loss of statutory rights and awarded £500. The total amount payable by the respondent was £16,644.25.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal held under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment of £9,966.50. | Upheld | — | £9,967 |
| Unfair dismissal | The complaint of unfair dismissal was well-founded. The tribunal made a basic award of £0 and a compensatory award of £5,148.15, noting that no separate basic award was made beyond the redundancy payment. | Upheld | — | £5,148 |
| Breach of contract | The breach of contract complaint related to notice pay was well-founded, but the tribunal made no separate financial award beyond the compensatory award already made. | Upheld | — | — |
| Holiday pay | The tribunal found the respondent had made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when the claimant's employment ended. The award was £1,029.60, with the claimant responsible for any tax or National Insurance. | Upheld | — | £1,030 |
| Other | The tribunal recorded a separate complaint of loss of statutory rights as well-founded and awarded £500 as compensation. | Upheld | — | £500 |
Remedy
Monetary award- Total award
- £16,644
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £5,148
- compensatory remedy recorded
Legal tests applied
1 reference- section 163 Employment Rights Act 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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