Case 1401045/2023 · Employment Tribunal

Miss E Kimber v Ms L Smalley and Mr M Pullman — 2023

Case reference: 1401045/2023
Decision date: 7 November 2023
Jurisdiction: England & Wales
Judge: Employment Judge Bradford Representation

Indexed: 22 May 2026

Parties

2 named

Claimant

Miss E Kimber

Respondent

Ms L Smalley and Mr M Pullman

Key findings

Tribunal's reasoning

Miss Kimber was employed from 9 June 2021, initially at an hourly rate of £8.36, and from early July 2021 was paid a fixed salary of £1,000 per month. The tribunal found that the accommodation provided by the respondents could be treated as a living-accommodation benefit for minimum wage purposes, but that food and utilities could not be counted. It found, on the available payslips and rotas, that she worked on average 50 hours a week and that neither side’s evidence was fully reliable.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unlawful deduction from wages	The tribunal found that Miss Kimber was paid below the National Minimum Wage on some occasions. It accepted that accommodation provided by the respondents could be treated as a living accommodation offset, but that food and utilities could not count towards the minimum wage calculation.	Upheld	—	£1,736
Holiday pay	Pleaded as an unlawful deduction from wages claim for accrued but untaken holiday. The tribunal found that final pay was not adjusted for holiday pay and awarded the sum due for untaken leave.	Upheld	—	£1,034

Remedy

Monetary award

Total award: £2,770; across all upheld claims

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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