Case 3303913/2024 · Employment Tribunal
Ms K. Cole First v Boyton Hall Ltd Second Respondent: Mr C. Sampson-Bancroft — 2025
- Case reference
- 3303913/2024
- Decision date
- 8 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Islam Representation
Parties
2 namedClaimant
Ms K. Cole First
Key findings
Tribunal's reasoningMs K. Cole First was an employee of Boyton Hall Ltd. The tribunal found that her claim for unlawful deduction of wages covering November 2018 to May 2023 was not well founded and failed. It also found that her automatic unfair dismissal claim and her ordinary unfair dismissal claim were not well founded, and that her notice pay claim failed.
The tribunal upheld the claim for unpaid wages for the period October 2023 to 4 November 2023 and ordered the first respondent to pay £2,242. It also upheld the holiday pay complaint, finding that holiday accrued and untaken at the end of employment had not been paid, and ordered £2,500.
The tribunal further found that when the proceedings began the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. Applying section 38 of the Employment Act 2002, it held there were no exceptional circumstances making an award equal to two weeks' gross pay unjust or inequitable, and that it was not just and equitable to award four weeks' gross pay. It therefore ordered £1,153.80. The claimant was responsible for tax and national insurance contributions.
Claims and outcomes
7 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 | Claim in relation to unlawful deduction of wages between November 2018 and May 2023 was not well founded and failed. | Dismissed | — | — |
| Unlawful deduction from wages | Unpaid wages in respect of October 2023 until 4 November 2023 were found to be an unauthorised deduction from wages. | Upheld | — | £2,242 |
| Holiday pay | Holiday pay complaint succeeded because holiday accrued and not taken when employment ended had not been paid. | Upheld | — | £2,500 |
| Unfair dismissal | Automatic unfair dismissal claim was not well founded and failed. | Dismissed | — | — |
| Unfair dismissal | Ordinary unfair dismissal claim was not well founded and failed. | Dismissed | — | — |
| Wrongful dismissal | Claim for notice pay was not well founded and failed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £5,896
- 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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