Case 1302120/2022 · Employment Tribunal
Mrs P Smith v Austin Legion Ltd — 2022
- Case reference
- 1302120/2022
- Decision date
- 25 July 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dimbylow Date
Parties
2 namedClaimant
Mrs P Smith
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 default judgment, made because the respondent did not present a response within the relevant time limit. Employment Judge Dimbylow therefore determined the claim on the basis of the material before the tribunal.
The tribunal found that Austin Legion Ltd had made an unauthorised deduction from the claimant's wages and ordered it to pay the gross sum of £2,291.66. It also found that the claimant was dismissed in breach of contract in respect of notice and ordered damages of £458.33.
A further finding was that the respondent had failed to pay the claimant's holiday entitlement. The tribunal ordered payment of £1,309.40 for that claim. The judgment states that the sums payable were gross amounts and that the claimant was responsible for any income tax and National Insurance contributions.
The listed hearing for 27 July 2022 was cancelled. The total monetary award recorded by the judgment is £4,059.39.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages and ordered payment of the gross sum of £2,291.66. | Upheld | — | £2,292 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract in respect of notice and ordered damages of £458.33. | Upheld | — | £458 |
| Holiday pay | The tribunal found the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £1,309.40. | Upheld | — | £1,309 |
Remedy
Monetary award- Total award
- £4,059
- across all upheld claims
Legal tests applied
1 reference- Rule 21, Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
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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