Case 3201707/2019 · Employment Tribunal
Mr M Barrett v AFS BD Ltd — 2019
- Case reference
- 3201707/2019
- Decision date
- 28 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Reid Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr M Barrett
Respondent
Key findings
Tribunal's reasoningThe respondent did not attend and the tribunal proceeded in its absence under Rule 47 of the Employment Tribunal Rules 2013. The tribunal found that the respondent had made an unlawful deduction from wages of £33.00 gross for 25 May 2019, being 4 hours at £8.21 per hour, and ordered that sum to be paid to the claimant under s.13 Employment Rights Act 1996.
The tribunal also found that the respondent had failed to pay accrued holiday pay on termination of employment, and awarded £404.60 gross under Regulation 14 Working Time Regulations 1998. In addition, it made an additional award of two weeks' pay under s.38 Employment Act 2002 for failure to provide a written statement of particulars of employment, calculated by reference to average hours of 13 per week at £8.21 per hour, producing an award of £214.
The claim under s.8 Employment Rights Act 1996, concerning failure to provide payslips, was dismissed because by the time of the hearing all payslips had been provided. The judgment notes that the address on the payslips was incorrect, recording 60 Arden Crescent rather than 68. The total payable award recorded by the tribunal was £651.60 gross.
Claims and outcomes
4 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 |
|---|---|---|---|---|
| Unlawful deduction from wages | Unlawful deduction of £33.00 gross for 25 May 2019, described as 4 hours at £8.21 per hour. | Upheld | — | £33 |
| Holiday pay | Failure to pay accrued holiday pay on termination; award of £404.60 gross under Regulation 14 Working Time Regulations 1998. | Upheld | — | £405 |
| Other | Additional award of 2 weeks' pay under s.38 Employment Act 2002 for failure to provide a written statement of particulars of employment, calculated on average hours of 13 per week at £8.21 per hour. | Upheld | — | £214 |
| Other | Claim under s.8 Employment Rights Act 1996 for failure to provide payslips dismissed because by the hearing all payslips had been provided. The judgment notes the address on the payslips was incorrect. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £652
- across all upheld claims
Legal tests applied
5 references- Rule 47 Employment Tribunal Rules 2013
- s.13 Employment Rights Act 1996
- Regulation 14 Working Time Regulations 1998
- s.38 Employment Act 2002
- s.8 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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