Case 1403998/2021 · Employment Tribunal
Mr S Kerr v R W Carter Excavations — 2022
- Case reference
- 1403998/2021
- Decision date
- 13 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Scott Representation
Parties
2 namedClaimant
Mr S Kerr
Respondent
Key findings
Tribunal's reasoningAt the hearing before Employment Judge Scott in Southampton on 4 May 2022, the claimant's unfair dismissal claim was found not well founded and did not succeed. The written judgment records no further reasons on dismissal beyond that conclusion.
The tribunal upheld the claimant's complaint about holiday carried over from the 2020 leave year because of the Covid-19 pandemic and ordered £1,287, calculated as 11 days at 9 hours per day at £13 per hour. It also found that the claimant was entitled to holiday pay for a 45-hour working week and ordered £585, calculated as 1 hour per day underpayment over 45 days, subject to tax and national insurance deductions.
The tribunal further found unauthorised deductions from wages in respect of 2.5 hours of travel time per week for six weeks and ordered £195, subject to tax and national insurance deductions. It also found that the respondent failed to provide a section 1 statement of terms and conditions of employment and, under section 38 of the Employment Act 2002, ordered £2,340 representing 4 weeks' gross pay. The total of the awards recorded in the judgment was £4,407 before deductions where applicable.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claim was not well founded and did not succeed. | Dismissed | — | — |
| Holiday pay | Holiday carried over from the 2020 leave year because of the Covid-19 pandemic; 11 days at 9 hours per day at £13 per hour. | Upheld | — | £1,287 |
| Holiday pay | Holiday pay entitlement for a 45-hour working week; 1 hour per day underpayment over 45 days, subject to tax and national insurance deductions. | Upheld | — | £585 |
| Unlawful deduction from wages | Unauthorised deductions from wages for 2.5 hours of travel time per week over six weeks, subject to tax and national insurance deductions. | Upheld | — | £195 |
| Other | Failure to provide a section 1 statement of terms and conditions of employment; award made under section 38 of the Employment Act 2002 representing 4 weeks' gross pay. | Upheld | — | £2,340 |
Remedy
Monetary award- Total award
- £4,407
- 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.