Case 3313527/2019 · Employment Tribunal
Miss N Williamson v Berkshire Accountants Limited OPEN PRELIMINARY HEARING — 2020
- Case reference
- 3313527/2019
- Decision date
- 4 August 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Chudleigh
- Venue
- Reading
Parties
2 namedClaimant
Miss N Williamson
Key findings
Tribunal's reasoningThis was an open preliminary hearing before Employment Judge Chudleigh sitting alone on 4 August 2020. The tribunal recorded that Miss N Williamson was an employee of Berkshire Accountants Limited between 15 October 2018 and 30 April 2019 and was not a volunteer.
The tribunal held that it had jurisdiction to hear the unauthorised deduction from wages claim, described as a National Minimum Wage claim, for the period from 15 October 2018 to 25 February 2019. It accepted that the complaint was brought in respect of a series of deductions ending on 28 February 2019 and that the claim presented on 2 April 2019 was within the time limit.
The tribunal held that it did not have jurisdiction to hear the automatic unfair dismissal claim under s.104A ERA 1996 because the claim was brought prematurely. The claim was presented on 2 April 2019, but the fixed-term contract ended on 30 April 2019.
The tribunal also held that it had jurisdiction to hear the detriment claim under s.23 of the National Minimum Wage Act 1998 in relation to the decision on 26 February 2019 to reduce the Claimant's hours from 25 hours a week to 15 hours a week. No substantive liability findings or remedy were recorded in this judgment.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal held it had jurisdiction to hear the claim for the period 15 October 2018 to 25 February 2019 because it was brought in respect of a series of deductions ending on 28 February 2019 and was presented on 2 April 2019 within time. | Other | — | — |
| Unfair dismissal | The tribunal held it did not have jurisdiction to hear the automatic unfair dismissal claim under s.104A ERA 1996 because the claim was presented on 2 April 2019 before the fixed-term contract ended on 30 April 2019. | Dismissed | — | — |
| Other | The tribunal held it had jurisdiction to hear the detriment claim under s.23 National Minimum Wage Act 1998 concerning the decision on 26 February 2019 to reduce the Claimant's hours from 25 to 15 per week. | Other | — | — |
Legal tests applied
4 references- s.230(1) ERA 1996
- series of deductions
- s.104A ERA 1996
- s.23 National Minimum Wage Act 1998
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
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