Case 1303823/2019 · Employment Tribunal
Mrs Janice Smith v Clear Box Premises — 2019
- Case reference
- 1303823/2019
- Decision date
- 28 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cookson Representation
Parties
2 namedClaimant
Mrs Janice Smith
Respondent
Key findings
Tribunal's reasoningThe respondent did not attend or submit a response. The tribunal therefore found the claimant, Mrs Janice Smith, had been harassed by reason of her sex and through unwanted conduct of a sexual nature contrary to section 26 of the Equality Act 2010. The tribunal awarded £18,000 for injury to feelings and £1,511.01 interest on that award at 8% for 383 days.
The tribunal also found that the respondent wrongfully dismissed the claimant and that she was entitled to one week’s pay in respect of statutory notice. That award was £334.00, subject to tax in accordance with s402(d) of the Income Tax (Earnings and Pensions) Act 2003. In addition, the tribunal found unlawful deductions from wages of £253.96 net for wages between 2 and 5 April 2019, contrary to s13 Employment Rights Act 1996.
Finally, the tribunal found unlawful deductions of £467.60 gross for outstanding holiday pay, calculated by reference to an outstanding entitlement of 7 days and weekly pay of £334.00, contrary to Regulation 14 of the Working Time Regulations 1998 and s13 Employment Rights Act 1996. The total sum payable to the claimant was £20,566.57.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Harassment | The tribunal found harassment by reason of sex and unwanted conduct of a sexual nature contrary to section 26 Equality Act 2010. The award comprised £18,000 injury to feelings plus £1,511.01 interest. | Upheld | Sex | £19,511 |
| Wrongful dismissal | The tribunal found the claimant was wrongfully dismissed and awarded one week’s pay in respect of statutory notice, taxed in accordance with s402(d) ITEPA 2003. | Upheld | — | £334 |
| Unlawful deduction from wages | The tribunal found unlawful deductions from wages totalling £253.96 net in respect of wages between 2 and 5 April 2019, contrary to s13 Employment Rights Act 1996. | Upheld | — | £254 |
| Working time regulations | The tribunal found unlawful deductions totalling £467.60 gross in respect of outstanding holiday pay, based on 7 days' entitlement and weekly pay of £334.00, contrary to Regulation 14 of the Working Time Regulations 1998 and s13 Employment Rights Act 1996. | Upheld | — | £468 |
Remedy
Monetary award- Total award
- £20,567
- across all upheld claims
Legal tests applied
4 references- section 26 Equality Act 2010
- s13 Employment Rights Act 1996
- Regulation 14 Working Time Regulations 1998
- s402(d) Income Tax (Earnings and Pensions) Act 2003
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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