Case 2602679/2019 · Employment Tribunal
Mr K Machin Respondent 1: Strive 4 Sports Limited Respondent 2: Mr Luke Jenkinson v Respondent — 2022
- Case reference
- 2602679/2019
- Decision date
- 28 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Broughton Members
- Venue
- Midlands East
- Panel members
- Mr Connor, Mr Purkis
Parties
1 namedClaimant
Mr K Machin Respondent 1: Strive 4 Sports Limited Respondent 2: Mr Luke Jenkinson
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal heard the case on 12 May 2022 and 28 June 2022 before Employment Judge R Broughton, sitting with Mr Connor and Mr Purkis. It found the claimant's automatic unfair dismissal claim under s103A and s104(1) ERA 1996 and s104A NMWA 1998 well founded, and ordered the first and second respondents, jointly and severally, to pay £7,203.06 net for compensatory losses.
It also upheld the claims under s43B ERA 1996 and s23 NMWA 1998. The tribunal made a joint and several award of £15,000 for injury to feelings, and the extracted text does not split that figure between the two claims.
The unlawful deductions from wages claim under s13 ERA 1996 succeeded against the first respondent, who was ordered to pay £3,582.26 gross. A further claim under s38 Employment Act 2002 also succeeded, with £500.50 awarded against the first respondent. The first respondent's costs application was dismissed, and the second respondent was ordered to pay costs of £13,012 plus VAT of £2,602.40.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatic unfair dismissal claim under s103A and s104(1) ERA 1996 and s104A NMWA 1998 succeeded. The tribunal ordered the first and second respondents, jointly and severally, to pay £7,203.06 net as compensatory losses. | Upheld | — | £7,203 |
| Whistleblowing | Claim under s43B ERA 1996 succeeded. The tribunal also upheld the related s23 NMWA 1998 claim and made a joint and several award of £15,000 for injury to feelings, which was not split between the two claims. | Upheld | — | — |
| Other | Claim under s23 NMWA 1998 succeeded together with the s43B ERA 1996 claim. The tribunal awarded £15,000 for injury to feelings on a joint and several basis and did not allocate that figure separately between the two claims. | Upheld | — | — |
| Unlawful deduction from wages | Claim under s13 ERA 1996 succeeded. The first respondent was ordered to pay £3,582.26 gross. | Upheld | — | £3,582 |
| Other | Claim under s38 Employment Act 2002 succeeded. The first respondent was ordered to pay £500.50. | Upheld | — | £501 |
Remedy
Monetary award- Total award
- £41,900
- across all upheld claims
- Compensatory award
- £7,203
- compensatory remedy recorded
Legal tests applied
8 references- s103A ERA 1996
- s104(1) ERA 1996
- s104A National Minimum Wage Act 1998
- s43B Employment Rights Act 1996
- s23 National Minimum Wage Act 1998
- s13 Employment Rights Act 1996
- s38 Employment Act 2002
- Rule 76(1)(a) and/or (b)
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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