Case 2602413/2022 · Employment Tribunal
Mrs Norma Frost (1) Mrs Marilyn Schofield (2) v DMJ Drainage Limited AT A FINAL HEARING Heard: At Lincoln — 2023
- Case reference
- 2602413/2022
- Decision date
- 23 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Clark
Parties
2 namedClaimant
Mrs Norma Frost (1) Mrs Marilyn Schofield (2)
Key findings
Tribunal's reasoningAt the final hearing in Lincoln on 23 January 2023, Employment Judge Clark sitting alone struck out both claimants' unfair dismissal claims for want of jurisdiction because they had insufficient qualifying service and no exemption was advanced. The tribunal also dismissed the claimants' unlawful deduction claims relating to any entitlement to a food allowance and to wages paid on or around 24 June 2022.
Claims for accrued and outstanding holiday pay at termination were dismissed because the tribunal found that each claimant was entitled to 8.8 days' pay and that that entitlement had already been accurately reflected in the final payments due.
The first claimant succeeded on breach of contract (notice pay) and on an unlawful deduction claim relating to wages paid on or around 2 September 2022, with awards of £628.36 and £526.15. The second claimant also succeeded on breach of contract and the equivalent deduction claim, with awards of £625.96 and £242.16; the judgment text appears to contain a drafting slip in lines 7 and 8 by referring to 'the first claimant' when recording those awards.
Claims and outcomes
8 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Each claimant's unfair dismissal claim was struck out for want of jurisdiction because they had insufficient qualifying service and no exemption to the requirement was advanced. | Struck out | — | — |
| Unlawful deduction from wages | Claimant-wide claim for any entitlement to a food allowance; dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | Claimant-wide claim in respect of wages paid on or around 24 June 2022; dismissed. | Dismissed | — | — |
| Holiday pay | Claim for accrued and outstanding holiday pay at termination; dismissed because the tribunal found each claimant was entitled to 8.8 days' pay and that sum had been accurately accounted for in the final payments due. | Dismissed | — | — |
| Breach of contract | First claimant's notice pay claim succeeded. | Upheld | — | £628 |
| Unlawful deduction from wages | First claimant's claim in respect of wages paid on or around 2 September 2022 succeeded. |
Remedy
Monetary award- Total award
- £2,023
- 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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