Case 2601308/2022 · Employment Tribunal
Ms A Doble (Counsel) For the v Mr J Miall T/a Ocean Fresh — 2022
- Case reference
- 2601308/2022
- Decision date
- 4 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fredericks Appearances
Parties
2 namedClaimant
Ms A Doble (Counsel) For the
Respondent
Key findings
Tribunal's reasoningAt Nottingham by CVP on 20 October 2022, Employment Judge Fredericks heard the claims of Mrs S Wilkins and Mr G Wilkins against Mr J Miall t/a Ocean Fresh. The judgment records that the respondent was in person and the claimants were represented by Ms A Doble of counsel.
For Mrs Wilkins, the tribunal recorded that the redundancy payment claim succeeded by consent. It also found that she had not received the required notice before termination and had not been paid in lieu, so breach of contract damages for notice pay were ordered. In addition, the tribunal awarded £500 for loss of statutory rights arising from dismissal, £213.84 for accrued but untaken holiday pay by consent, and £570.24 because the respondent failed to provide a written statement of particulars of employment, the tribunal considering it just and equitable to award 4 weeks' pay.
For Mr Wilkins, the tribunal likewise recorded that the redundancy payment claim succeeded by consent. It awarded damages for breach of contract in respect of notice pay, £500 for loss of statutory rights arising from dismissal, £401.28 for accrued but untaken holiday pay by consent, and £535.04 for failure to provide a written statement of particulars of employment, again on the basis that 4 weeks' pay was just and equitable. The judgment states total awards of £6,701.36 for Mrs Wilkins and £2,372.64 for Mr Wilkins.
Claims and outcomes
10 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | First claimant (Mrs S Wilkins); redundancy payment succeeded by consent. | Upheld | — | £3,707 |
| Breach of contract | First claimant (Mrs S Wilkins); notice pay awarded for breach of contract. The extracted text's arithmetic is inconsistent with the printed figure, so the amount is recorded as stated in the judgment. | Upheld | — | £1,171 |
| Other | First claimant (Mrs S Wilkins); award for loss of statutory rights as a result of dismissal. | Upheld | — | £500 |
| Holiday pay | First claimant (Mrs S Wilkins); accrued but untaken holiday pay succeeded by consent. | Upheld | — | £214 |
| Other | First claimant (Mrs S Wilkins); compensation for failure to provide a written statement of particulars of employment, awarded at 4 weeks' pay as just and equitable. | Upheld | — | £570 |
| Redundancy | Second claimant (Mr G Wilkins); redundancy payment succeeded by consent. | Upheld | — | £334 |
| Breach of contract | Second claimant (Mr G Wilkins); notice pay awarded for breach of contract. The extracted text's arithmetic is inconsistent with the printed figure, so the amount is recorded as stated in the judgment. |
Remedy
Monetary award- Total award
- £9,074
- across all upheld claims
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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