Ms S Tomkins v Freshwinds (England and Wales : Breach of Contract : Redundancy : Unlawful Deduction from Wages) [2017] UKET 1302038/2017 (9 November 2017)

Ms S Tomkins v Freshwinds (England and Wales : Breach of Contract : Redundancy : Unlawful Deduction from Wages) [2017] UKET 1302038/2017 (9 November 2017)

The tribunal found that the claimant was entitled to redundancy pay and that there was an unlawful deduction from wages, constituting a breach of contract.

Citation
[2017] UKET 1302038/2017
Parties
Claimant: Ms S Tomkins; Respondent: Freshwinds
Jurisdiction
United Kingdom
Judgment Date
09 November 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld in part
Legal Topics
Breach of Contract, Redundancy, Unlawful Deduction From Wages
Employment Law Breach of Contract Redundancy Unlawful Deduction From Wages

Case Brief

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Parties

Ms S Tomkins

Claimant

Freshwinds

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed by reason of redundancy
  2. 2 Whether there was a breach of contract
  3. 3 Whether there was an unlawful deduction from wages

Ratio Decidendi

The tribunal found that the claimant was entitled to redundancy pay and that there was an unlawful deduction from wages, constituting a breach of contract.

Court Disposition

Claim upheld in part

Orders

  • Respondent to pay redundancy pay to the claimant
  • Respondent to pay the amount unlawfully deducted from wages