Case 1301743/2022 · Employment Tribunal
Miss C Smith v Acafe Sandwich Bar Limited — 2022
- Case reference
- 1301743/2022
- Decision date
- 4 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Platt Representation
- Venue
- By CVP at Midlands West
Parties
2 namedClaimant
Miss C Smith
Respondent
Key findings
Tribunal's reasoningThe tribunal amended the respondent's name to Acafe Sandwich Bar Limited and held that Miss C Smith's claims for unfair dismissal, unpaid holiday pay for January-November 2021, and breach of contract in respect of four weeks' notice pay all succeeded. The respondent's counter-claim for recovery of a £500 loan succeeded, while its counter-claim concerning a microwave was dismissed.
For unfair dismissal, the tribunal made a basic award of £1,000. It then awarded a compensatory award of £19,523.90, comprising past losses of £12,604.34 for the prescribed period from 28 December 2021 to 4 November 2022, loss of statutory rights of £500, future losses of £2,514.80, and a 25% uplift of £3,904.76 for failure to follow the ACAS Code of Practice.
On the breach of contract claim, the tribunal calculated four weeks' notice pay at £2,052.10 and deducted £500 for the respondent's successful loan counter-claim, leaving £1,552.10. It also awarded holiday pay of £2,566.66 gross for 25.66 days' holiday in 2021, subject to deductions for tax and national insurance. The tribunal stated that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied and recorded a total monetary award to the claimant of £24,642.66.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim succeeded. The basic award was £1,000 and the compensatory award after the 25% ACAS uplift was £19,523.90, made up of the prescribed element of £12,604.34, loss of statutory rights of £500, future losses of £2,514.80, and an uplift of £3,904.76. | Upheld | — | £20,524 |
| Holiday pay | Unpaid holiday pay for January-November 2021 succeeded. The tribunal awarded £2,566.66 gross for 25.66 days' holiday, subject to deductions for income tax and national insurance. | Upheld | — | £2,567 |
| Breach of contract | Four weeks' notice pay succeeded. The tribunal calculated £2,052.10 and then deducted £500 for the respondent's successful loan counterclaim, leaving £1,552.10. | Upheld | — | £1,552 |
| Other | The respondent's counter-claim for recovery of a £500 loan succeeded. The amount was deducted from the claimant's breach of contract award rather than ordered as a separate payment in the total award. | Upheld | — | — |
| Other | The respondent's counter-claim in respect of a microwave was dismissed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £24,643
- across all upheld claims
- Basic award
- £1,000
- statutory, unfair dismissal
- Compensatory award
- £19,524
- 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.