Case 3311182/2023 · Employment Tribunal
Mr Gerrard Deacon v BCS Credit Limited (in Liquidation) — 2025
- Case reference
- 3311182/2023
- Decision date
- 17 July 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Warren Representation
- Venue
- Norwich
Parties
2 namedClaimant
Mr Gerrard Deacon
Respondent
Key findings
Tribunal's reasoningEmployment Judge M Warren, sitting at Norwich by CVP on 10 June 2025, heard the claims of Mr Gerrard Deacon against BCS Credit Limited (in Liquidation). The Claimant was represented by Ms Doble of Counsel; the Respondent did not attend. The Tribunal found the complaint of unfair dismissal to be well-founded and ordered a basic award of £2,893.50 and a compensatory award of £33,436, with the Employment Protection (Recoupment of Benefits) Regulations 1996 applying to a prescribed element of £33,436 covering the period 18 August 2023 to 10 June 2025.
The Tribunal further found the complaint of breach of contract in relation to holiday pay to be well-founded and ordered payment of £1,524.66 gross, and a separate holiday pay complaint to be well-founded with an award of £2,423 gross. The complaint of unauthorised deductions from wages was well-founded, with the Respondent ordered to pay £6,494.50, comprising 7 days unpaid wages (£711.50 net) and deducted but unpaid employer and employee NEST pension contributions (£5,783).
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. Finding no exceptional circumstances making a two-week award unjust or inequitable, and concluding that it was just and equitable to make an award of four weeks' gross pay, the Tribunal ordered payment of £2,572 under section 38 of the Employment Act 2002.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Basic award £2,893.50 plus compensatory award £33,436; total monetary award £36,329.50. Recoupment Regulations apply; prescribed element £33,436 covering 18 August 2023 to 10 June 2025. | Upheld | — | £36,330 |
| Breach of contract | Breach of contract in relation to holiday pay; £1,524.66 gross, taxable in the hands of the Claimant. | Upheld | — | £1,525 |
| Holiday pay | Holiday pay complaint well-founded; £2,423 gross, taxable in the hands of the Claimant. | Upheld | — | £2,423 |
| Unlawful deduction from wages | Unauthorised deductions of £6,494.50 comprising 7 days unpaid wages (£711.50 net) and deducted but unpaid employer and employee NEST pension contributions (£5,783). | Upheld | — | £6,495 |
| Other | Award under section 38 Employment Act 2002 for failure to provide a written statement of employment particulars; four weeks' gross pay (£2,572). No directly mapped enum value for section 38 awards. | Upheld | — | £2,572 |
Remedy
Monetary award- Total award
- £49,350
- across all upheld claims
- Basic award
- £2,894
- statutory, unfair dismissal
- Compensatory award
- £33,436
- compensatory remedy recorded
Legal tests applied
2 references- Employment Protection (Recoupment of Benefits) Regulations 1996
- 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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