Case 1306503/2019 · Employment Tribunal
In person For the v Mr David Smith and DBS Property Solutions Ltd — 2019
- Case reference
- 1306503/2019
- Decision date
- 5 July 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Richardson Signed
Parties
2 namedClaimant
In person For the
Key findings
Tribunal's reasoningThe claimant, Ms C Jackson-Lee, was employed by DBS Property Solutions Limited from 26 August 2018 to 24 July 2019 on 16 hours per week. The tribunal found her claim for automatic unfair dismissal under s104(1)(a) ERA 1996 well founded.
The tribunal also found that the claimant's breach of contract claim, unlawful deduction from wages claim, and holiday pay claim were well founded. The award schedule records one week's notice pay at £136, an unlawful deduction of £102 for 12 hours worked in the week commencing 22 July 2019, and holiday pay of £641.33 based on 80.8 hours accrued at the claimant's hourly rates.
The tribunal further said it was just and equitable to make an award of 4 weeks' pay under s38 Employment Act 2002 for failure to provide particulars of employment, and it uplifted the award by 25% under s207A TULRCA 1992. The schedule shows a subtotal of £3,531.33 before uplift and a grand total of £4,414.16 payable by DBS Property Solutions Limited.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatic unfair dismissal under s104(1)(a) ERA 1996. The schedule records a basic award of £136 and a compensatory award of £1,972 after deduction of one week's notice pay of £136. | Upheld | — | £2,108 |
| Breach of contract | Notice pay was included in the award schedule at one week's pay of £136. | Upheld | — | £136 |
| Unlawful deduction from wages | The schedule records £102 for 12 hours worked in the week commencing 22 July 2019 at £8.50 per hour. | Upheld | — | £102 |
| Holiday pay | Holiday pay was calculated at 80.8 hours in total, producing £641.33. | Upheld | — | £641 |
| Other | The tribunal made a just and equitable award of 4 weeks' pay under s38 Employment Act 2002 for failure to provide particulars of employment. | Upheld | — | £544 |
Remedy
Monetary award- Total award
- £4,414
- across all upheld claims
- Basic award
- £136
- statutory, unfair dismissal
- Compensatory award
- £1,972
- compensatory remedy recorded
Legal tests applied
5 references- s.104(1)(a) Employment Rights Act 1996
- s.23 Employment Rights Act 1996
- s.30 Working Time Regulations 1998
- s.38 Employment Act 2002
- s.207A TULRCA 1992
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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