Case 1307555/2019 · Employment Tribunal
Mr Callum Semple v Mr Andrew Smith — 2022
- Case reference
- 1307555/2019
- Decision date
- 28 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bennett Representation
Parties
2 namedClaimant
Mr Callum Semple
Respondent
Key findings
Tribunal's reasoningAt the hearing in Birmingham via CVP on 28 April 2022, before Employment Judge Bennett, the tribunal dismissed the claimant's breach of contract claim. It found that the respondent had not paid certain sums due in respect of the claimant's entitlement to sick pay or for attending College through 8 bank transfers made between 24 September 2018 and 4 March 2019, so the claim for unauthorised deduction from wages succeeded and the respondent was ordered to pay £560 net.
The tribunal also made an award of £800 net under s38 of the Employment Act 2002 because the respondent failed to provide a written statement of employment particulars. The judgment states that this amount was equal to four weeks' pay. A separate claim under s11 of the Employment Rights Act 1996 for failure to provide an itemised pay statement also succeeded, but the tribunal made no award on that claim. The sums awarded were stated to be net of income tax and national insurance contributions, with the respondent to make the corresponding payment to HMRC.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Recorded from the judgment. | Dismissed | — | — |
| Unlawful deduction from wages | Tribunal found 8 bank transfers made between 24 September 2018 and 4 March 2019 failed to include sums due for sick pay or attending College. | Upheld | — | £560 |
| Other | Award under s38 Employment Act 2002 for failure to provide a written statement of employment particulars; amount equal to four weeks' pay and stated to be net. | Upheld | — | £800 |
| Other | Claim under s11 Employment Rights Act 1996 for failure to provide an itemised pay statement succeeded, but no award was made. | Upheld | — | — |
Remedy
Monetary award- Total award
- £1,360
- across all upheld claims
Legal tests applied
2 references- s.11 Employment Rights Act 1996
- s.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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