Case 3200823/2023 · Employment Tribunal
Mr I Byrne v Caldera Construction Ltd — 2023
- Case reference
- 3200823/2023
- Decision date
- 5 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Burgher Appearances
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr I Byrne
Respondent
Key findings
Tribunal's reasoningMr I Byrne worked for Caldera Construction Ltd as a builder from 23 July 2014 to 6 February 2023 and was paid £1,093.76 gross per week. The respondent did not attend the hearing. The tribunal found that the claimant’s claims for redundancy pay, unpaid notice pay and accrued holiday pay succeeded. It also recorded that the claimant had not pursued a separate claim for £400 a month in travel expenses, and that claim was dismissed.
The tribunal further found that the respondent had failed to provide a written statement of terms and conditions. It therefore made an award under section 38 of the Employment Act 2002 of four weeks' pay. The total sum awarded for the successful claims was £22,479.87, made up of redundancy pay of £6,852.00, unpaid notice pay of £8,750.08, holiday pay of £4,593.79, and the section 38 award of £2,284.00.
Claims and outcomes
5 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 |
|---|---|---|---|---|
| Redundancy | Statutory redundancy pay awarded. | Upheld | — | £6,852 |
| Breach of contract | Award for unpaid notice pay. | Upheld | — | £8,750 |
| Holiday pay | Award for accrued holiday pay. | Upheld | — | £4,594 |
| Other | Claim for £400 a month for travel expenses was not pursued and was dismissed. | Dismissed | — | — |
| Other | Section 38 award under the Employment Act 2002 for failure to provide a written statement of terms and conditions. | Upheld | — | £2,284 |
Remedy
Monetary award- Total award
- £22,480
- across all upheld claims
Legal tests applied
1 reference- section 38 Employment Act 2002
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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