Case 6018523/2024 · Employment Tribunal
F Da Silva v BPS Solicitors Ltd (in creditors voluntary liquidation) — 2025
- Case reference
- 6018523/2024
- Decision date
- 14 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Childe Date
Parties
2 namedClaimant
F Da Silva
Key findings
Tribunal's reasoningThe tribunal, sitting under Employment Judge Childe, determined the claims under Rule 22 of the Employment Tribunals Rules of Procedure 2013. It found that the respondent had made an unauthorised deduction from the claimant's wages and ordered payment of £2,000 gross, and that the claimant had been dismissed in breach of contract in respect of notice, with damages of £2,000 awarded on a gross basis to reflect the possibility of tax on Post Employment Notice pay.
The tribunal further found that the respondent had failed to pay the claimant's accrued but untaken annual leave on termination and ordered payment of £300 gross. The redundancy pay claim was struck out: according to the claim form the claimant did not have the necessary two years' qualifying service, and the claimant did not respond to the opportunity to make written representations or request a hearing on why the claim could proceed.
The hearing listed for 25 March 2025 was cancelled. A notice under Article 12 of the Employment Tribunals (Interest) Order 1990 was issued, identifying 14 February 2025 as the relevant decision day, 15 February 2025 as the calculation day, and the stipulated rate of interest as 8% per annum.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Tribunal ordered the respondent to pay the gross sum of £2,000 for an unauthorised deduction from wages. | Upheld | — | £2,000 |
| Breach of contract | Dismissal in breach of contract in respect of notice; damages of £2,000 awarded on a gross basis to reflect possible tax on Post Employment Notice pay. | Upheld | — | £2,000 |
| Holiday pay | Respondent failed to pay accrued but untaken annual leave on termination; ordered to pay the gross sum of £300. | Upheld | — | £300 |
| Redundancy | No award made; claim form indicated the claimant lacked the necessary two years' qualifying service. The claimant did not respond to the opportunity to make representations, and the claim was struck out. | Struck out | — | — |
Remedy
Monetary award- Total award
- £4,300
- across all upheld claims
Legal tests applied
3 references- Employment Tribunals Rules of Procedure 2013 - Rule 22
- Employment Tribunals (Interest) Order 1990 Article 12
- Judgments Act 1838 s.17
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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