Case 3307825/2023 · Employment Tribunal
Mr Miles Lawrence Kidby v McMullen & Sons Limited — 2024
- Case reference
- 3307825/2023
- Decision date
- 5 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge David Hughes
- Venue
- Watford
Parties
2 namedClaimant
Mr Miles Lawrence Kidby
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld the claimant's complaint of unauthorised deductions from wages. It found that McMullen & Sons Limited had made an unauthorised deduction from Mr Miles Lawrence Kidby's wages during the period September 2022 to May 2023, and it ordered repayment of the gross sum deducted, stated as £1,745. The claimant was responsible for any tax or National Insurance due on that amount.
The tribunal also found that, when the proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. Under section 38 of the Employment Act 2002, it concluded that there were no exceptional circumstances making an award equal to two weeks' gross pay unjust or inequitable, but that it was not just and equitable to award four weeks' gross pay. It therefore ordered a further payment of £1,429.12.
The total award recorded by the judgment is £3,174.12, made up of the two sums above. The hearing was by CVP at Watford on 9 February 2024, and the written record of the decision was sent to the parties on 5 March 2024.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages in the period September 2022 to May 2023 and ordered repayment of the gross sum deducted. | Upheld | — | £1,745 |
| 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. Applying section 38 Employment Act 2002, it awarded the equivalent of two weeks' gross pay and declined to make the four-week award. | Upheld | — | £1,429 |
Remedy
Monetary award- Total award
- £3,174
- 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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