Case 3306955/2022 · Employment Tribunal
Mrs K Maidwell v Ask Creative Limited — 2023
- Case reference
- 3306955/2022
- Decision date
- 26 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Laidler Date
Parties
2 namedClaimant
Mrs K Maidwell
Respondent
Key findings
Tribunal's reasoningThe claim was issued on 1 July 2022 and the respondent failed to present a valid response on time. The tribunal therefore entered judgment under rule 21 of the Employment Tribunals Rules of Procedure 2013 and amended the respondent's name to Ask Creative Limited on its own initiative.
The tribunal declared that the respondent had made unauthorised deductions from the claimant's wages and that the claimant was owed holiday pay calculated at 12.07% of her hourly wage. It ordered the respondent to pay a gross sum of £936.60 in respect of unpaid wages and holiday pay. The judgment did not separate that amount between the wage and holiday pay elements.
The tribunal also found that the respondent had breached its obligation under section 1 of the Employment Rights Act 1996 to provide a written statement of particulars of employment. Pursuant to section 38(3) of the Employment Act 2002, it awarded the claimant 4 weeks' pay in the sum of £1,000 gross for that breach. The judgment was sent to the parties on 26 March 2023.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal declared that the respondent had made unauthorised deductions from the claimant's wages. The judgment ordered a gross sum of £936.60 in respect of unpaid wages and holiday pay, but did not split that amount between the wage and holiday heads. | Upheld | — | — |
| Holiday pay | The tribunal declared that the claimant was owed holiday pay at 12.07% of her hourly wage. The judgment ordered a gross sum of £936.60 in respect of unpaid wages and holiday pay, but did not allocate a separate figure to holiday pay alone. | Upheld | — | — |
| Breach of contract | Under section 38(3) of the Employment Act 2002, the tribunal awarded 4 weeks' pay because the respondent was in breach of its obligation under section 1 of the Employment Rights Act 1996 to provide a written statement of particulars of employment. The sum awarded for that breach was £1,000 gross. | Upheld | — | £1,000 |
Remedy
Monetary award- Total award
- £1,937
- across all upheld claims
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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