Case 3301776/2023 · Employment Tribunal
Mr S Ball v Hall Farm Services Limited — 2023
- Case reference
- 3301776/2023
- Decision date
- 6 December 2023
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr S Ball
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Hall Farm Services Limited had made unauthorised deductions from Mr Ball's wages in the period 25 June 2022 to 27 January 2023. It ordered repayment of £6,579.64 net, noting that the respondent had already deducted tax or National Insurance.
The tribunal also upheld the complaint for notice pay and awarded £1,020 as damages. The figure was calculated using gross pay because it was treated as Post Employment Notice Pay, with Mr Ball responsible for any tax or National Insurance. The holiday pay complaint was also upheld: the tribunal found that the respondent had failed to pay for holidays accrued but not taken when employment ended, and ordered payment of £1,837.65 net.
Finally, the tribunal found that when the proceedings began the respondent was in breach of its duty to provide a written statement of employment particulars. Applying section 38 of the Employment Act 2002, it considered it just and equitable to award an amount equal to four weeks' gross pay and ordered payment of £2,572.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages for the period 25 June 2022 to 27 January 2023 and ordered the net sum, noting that tax or National Insurance had already been deducted. | Upheld | — | £6,580 |
| Breach of contract | Failure to provide notice pay was upheld. The tribunal awarded damages calculated using gross pay to reflect the likelihood that the claimant would have to pay tax on it as Post Employment Notice Pay. | Upheld | — | £1,020 |
| Holiday pay | The tribunal found that the respondent failed to pay for holidays accrued but not taken on the date employment ended. The award was ordered as a net sum. | Upheld | — | £1,838 |
| Other | The tribunal found that, when the proceedings began, the respondent was in breach of its duty to provide a written statement of employment particulars. It made an award under section 38 Employment Act 2002 equal to four weeks' gross pay. | Upheld | — | £2,572 |
Remedy
Monetary award- Total award
- £12,009
- 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.
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