Case 3311350/2023 · Employment Tribunal
Mr Leyton Bendle v JD Fitness Group t/a Anytime Fitness — 2024
- Case reference
- 3311350/2023
- Decision date
- 7 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge N Webb Representation
- Venue
- ET Reading
Parties
2 namedClaimant
Mr Leyton Bendle
Respondent
Key findings
Tribunal's reasoningThe hearing took place by video at ET Reading on 29 October 2024 before Employment Judge N Webb. The respondent had notice of the hearing sent on 14 September 2024 but did not respond to the claim or apply to participate. The judge decided it was in the interests of justice to proceed in the respondent's absence.
The tribunal found that the respondent had made an unlawful deduction from the claimant's wages, identifying May 2023 wages including contractual commission at £1,916.66 gross. It also found that the claimant had been wrongfully dismissed because the one-week notice period was not paid, with an award of £384.61 gross.
The tribunal further found that accrued but untaken holiday at the date of dismissal had not been paid, awarding £653.82 gross for 8.5 days. In addition, because the respondent had not provided the claimant with a copy of his particulars of employment by the date the claims were submitted, the tribunal made an award under section 38 of the Employment Act 2002 in the sum of £1,538.44 gross. The total ordered to be paid was £4,493.53 gross, and the respondent was responsible for any tax and National Insurance contributions on the awards.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unlawful deduction from wages for May 2023, including contractual commission. | Upheld | — | £1,917 |
| Wrongful dismissal | The tribunal found the claimant was wrongfully dismissed because the one-week notice period was not paid. | Upheld | — | £385 |
| Holiday pay | The tribunal found that accrued but untaken annual leave at the date of dismissal had not been paid. The award was for 8.5 days. | Upheld | — | £654 |
| Other | The tribunal made an award under section 38 of the Employment Act 2002 because the respondent had not provided a copy of the claimant's particulars of employment by the date the claims were submitted. | Upheld | — | £1,538 |
Remedy
Monetary award- Total award
- £4,494
- 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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