Case 3318938/2019 · Employment Tribunal
In person For the v Simon O’Driscoll T/a HS Precision Engineering — 2020
- Case reference
- 3318938/2019
- Decision date
- 10 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tynan Appearances
- Venue
- Bury St Edmunds
Parties
2 namedClaimant
In person For the
Key findings
Tribunal's reasoningThe Claimant claimed notice pay and arrears of pay. His unfair dismissal complaint was not accepted because the Tribunal had no jurisdiction, as he had less than two years' continuous service when his employment ended.
The Tribunal found that the Claimant's contract entitled him to six weeks' notice. The Respondent's correspondence and response form acknowledged that there were no grounds for gross misconduct dismissal and that the non-payment of notice pay was due to financial difficulties. The Tribunal therefore declared that the non-payment was an unlawful deduction from wages, alternatively a breach of contract, and awarded £2,040 for six weeks' notice at £340 gross per week.
For the arrears of wages claim, the Tribunal was satisfied that there had been an unlawful deduction from wages, but the amount was unclear. The Claimant accepted that he had miscalculated the amount claimed, and the Respondent asserted an entitlement to withhold wages for time missed. The Tribunal listed a further hearing to decide what, if any, compensation should be awarded for arrears.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The Tribunal declared that the Respondent made an unlawful deduction from wages. The £2,040 award related to six weeks' notice pay, pleaded alternatively as breach of contract. The complaint about arrears of wages was upheld as a declaration, but any compensatory award for arrears was left to a further hearing. | Upheld | — | — |
| Breach of contract | The Tribunal found, in the alternative, that the Respondent dismissed the Claimant in breach of contract by not paying wages in lieu of the six weeks' notice required by the contract. | Upheld | — | £2,040 |
Remedy
Monetary award- Total award
- £2,040
- across all upheld claims
- Compensatory award
- £2,040
- compensatory remedy recorded
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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