Case 1401628/2022 · Employment Tribunal
Miss C Smith v Testerworld Limited — 2022
- Case reference
- 1401628/2022
- Decision date
- 5 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Youngs Representation
- Venue
- Bristol
Parties
2 namedClaimant
Miss C Smith
Respondent
Key findings
Tribunal's reasoningThe claimant withdrew her claim for statutory redundancy pay, and that claim was dismissed on withdrawal. Her holiday pay claim was also dismissed because the tribunal found she had been paid all outstanding holiday pay by the Insolvency Service.
The wrongful dismissal claim succeeded. The tribunal found the claimant was entitled to £3,000.93 gross notice pay, had already received £1,867.00 gross from the Insolvency Service, and ordered the respondent to pay the outstanding balance of £1,133.93 gross.
The tribunal upheld the unlawful deductions claim in respect of commission and bonus payments and awarded £583.12 gross. It also upheld the complaint that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, making a protective award of £11,836.00 for a protected period of 90 days from 9 May 2022.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The statutory redundancy pay claim was dismissed on withdrawal. | Withdrawn | — | — |
| Wrongful dismissal | The claimant was entitled to notice pay of £3,000.93 gross, had received £1,867.00 gross from the Insolvency Service, and was awarded the outstanding balance of £1,133.93 gross. | Upheld | — | £1,134 |
| Holiday pay | The tribunal found the claimant had been paid all outstanding holiday pay by the Insolvency Service. | Dismissed | — | — |
| Unlawful deduction from wages | The unlawful deductions claim concerned commission and bonus payments. | Upheld | — | £583 |
| Other | The tribunal declared that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award. | Upheld | — | £11,836 |
Remedy
Monetary award- Total award
- £13,553
- across all upheld claims
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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