Case 1305024/2021 · Employment Tribunal
Miss S Sherwin v HJ Leisure Ltd — 2022
- Case reference
- 1305024/2021
- Decision date
- 17 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Coghlin QC
Parties
2 namedClaimant
Miss S Sherwin
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld Miss S Sherwin's breach of contract claim, described in the judgment as wrongful dismissal. It awarded £1,988 compensation and then uplifted that award by 20% (£298.20) under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures when dismissing her.
The tribunal also upheld the unlawful deduction from wages claim. It found unpaid overtime for August 2021 of £441.03, unpaid basic salary for 1 September 2021 to 25 September 2021 of £2,083.33, and unpaid overtime for September 2021 of £407.10, making £2,931.46 in total, payable subject to any appropriate tax and national insurance deductions.
In addition, the tribunal made a separate award of £1,088 under section 38 of the Employment Act 2002 because the respondent had failed to provide a full and accurate statement of terms and conditions of employment in compliance with section 1 of the Employment Rights Act 1996. The total monetary award recorded by the judgment is £6,305.66.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The judgment describes this as breach of contract (wrongful dismissal). The base compensation was £1,988 and the award was uplifted by 20% (£298.20) under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because of the respondent's unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures when dismissing the claimant. | Upheld | — | £2,286 |
| Unlawful deduction from wages | The tribunal found unlawful deductions from pay totalling £2,931.46, made up of unpaid overtime for August 2021 (£441.03), unpaid basic salary for 1 September 2021 to 25 September 2021 (£2,083.33), and unpaid overtime for September 2021 (£407.10). The sum was stated to be payable less any appropriate tax and national insurance deductions. | Upheld | — | £2,931 |
Remedy
Monetary award- Total award
- £6,306
- across all upheld claims
- Compensatory award
- £1,988
- compensatory remedy recorded
Legal tests applied
4 references- section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice on Disciplinary and Grievance Procedures
- section 38 of the Employment Act 2002
- section 1 of the Employment Rights Act 1996
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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