Case 6006820/2024 · Employment Tribunal
Mr W Lowther v Green Energy Houses Limited — 2025
- Case reference
- 6006820/2024
- Decision date
- 28 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge KM Ross
Parties
2 namedClaimant
Mr W Lowther
Respondent
Key findings
Tribunal's reasoningThe tribunal determined the claim under Rule 22 because the respondent failed to present a valid response on time. On that basis, the Employment Judge entered judgment without a contested hearing and the scheduled hearing on 5 February 2025 was cancelled.
The tribunal found that the respondent had made an unauthorised deduction from wages by failing to pay commission on the Carrington contract (£390) and the Kay contract (£630), and ordered payment of £1,020 gross. It also found that the respondent had failed to pay accrued but untaken holiday entitlement and ordered payment of £157.89 gross.
In addition, the tribunal recorded a breach of contract in relation to reimbursement of mileage expenses and assessed damages at £296.55, calculated by reference to 659 miles at 45p per mile. The judgment also recorded that, when proceedings began, the respondent was in breach of its duty to provide an adequate written statement of employment particulars, and made a section 38 Employment Act 2002 award equivalent to two weeks' pay, being £1,020 based on £510 per week.
The judgment stated a total payable sum of £2,494.44.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction for non-payment of commission on the Carrington contract (£390) and the Kay contract (£630). | Upheld | — | £1,020 |
| Holiday pay | Award for accrued but untaken holiday entitlement. | Upheld | — | £158 |
| Breach of contract | Award of damages calculated as 659 miles at 45p per mile. The judgment text says 'to the respondent', which appears to be a drafting error because the context and total award indicate payment to the claimant. | Upheld | — | £297 |
| Other | Section 38 Employment Act 2002 award for failure to provide an adequate written statement of employment particulars, assessed at two weeks' pay (2 x £510). | Upheld | — | £1,020 |
Remedy
Monetary award- Total award
- £2,494
- across all upheld claims
Legal tests applied
2 references- Rule 22
- 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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