Case 1305627/2023 · Employment Tribunal
Mr G Seed v GPS Industries Ltd — 2024
- Case reference
- 1305627/2023
- Decision date
- 16 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge C Knowles Representation
Parties
2 namedClaimant
Mr G Seed
Respondent
Key findings
Tribunal's reasoningAt the hearing on 16 January 2024, the claimant appeared in person and the respondent did not attend or have representation. The written judgment records that the claim for unlawful deduction from wages was dismissed, but it also records that the respondent failed to give written itemised pay statements required by section 8 of the ERA 1996 and that unnotified deductions totalling £215.40 were made in the 13 weeks before the claim form was presented. The written record does not explain that apparent inconsistency, so the extraction treats the deductions finding as recorded but flags the outcome as unclear.
The tribunal upheld the claimant's complaint in relation to notice pay and awarded £525 as damages for breach of contract. It said the figure was calculated using gross pay because the claimant would likely have to pay tax on post-employment notice pay.
The tribunal also upheld the holiday pay complaint, finding that the respondent failed to pay the claimant in accordance with regulation 14(2) and/or regulation 16(1) of the Working Time Regulations 1998, and ordered payment of £262.50 gross.
Finally, the tribunal found that when proceedings began the respondent was in breach of its duty to provide a written statement of employment particulars. Applying section 38 of the Employment Act 2002, it found there were no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable and that four weeks' gross pay was not just and equitable, so it awarded £1,050. The total monetary award recorded in the judgment is £2,052.90.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The written record states that the unlawful deduction claim was dismissed, but later records unnotified deductions totalling £215.40 and orders payment of that sum. The itemised pay statement point is also mentioned under s.8 ERA 1996. | Other | — | £215 |
| Breach of contract | Notice pay damages awarded on a gross basis to reflect the likelihood of tax being payable on post-employment notice pay. | Upheld | — | £525 |
| Holiday pay | Tribunal found holiday pay was due under reg. 14(2) and/or reg. 16(1) of the Working Time Regulations 1998. | Upheld | — | £263 |
| Other | Section 38 Employment Act 2002 award for failure to provide a written statement of employment particulars; the tribunal said two weeks' gross pay was appropriate and four weeks' gross pay was not just and equitable. | Upheld | — | £1,050 |
Remedy
Monetary award- Total award
- £2,053
- across all upheld claims
Legal tests applied
3 references- s.8 ERA 1996
- regulation 14(2) and/or regulation 16(1) Working Time Regulations 1998
- section 38 Employment Act 2002
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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