Case 1404219/2022 · Employment Tribunal
Smith v Signature by the Wicks Limited — 2023
- Case reference
- 1404219/2022
- Decision date
- 11 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Oldroyd Appearances
Parties
2 namedClaimant
Smith
Respondent
Key findings
Tribunal's reasoningThe claimant, Smith, succeeded on three monetary breach of contract claims. The tribunal found that Signature by the Wicks Limited failed to pay wages for 40 hours worked between 6 September 2022 and 20 September 2022 at £10 per hour, and it awarded £400 damages. It also found that holiday pay was outstanding at termination: the claimant had accrued but not taken 14 days of holiday, and £1,120 was awarded on the basis of an average of 8 hours each day at £10 per hour.
The tribunal further found that the respondent breached contract by failing to provide particulars of employment or pay statements, which caused the claimant to lose the chance to claim maternity allowance. It awarded £1,800, described as the maternity allowance the claimant was unable to claim, taking into account that maternity allowance is deducted from any universal credit to which the claimant was entitled.
Separately, pursuant to section 12 Employment Rights Act 1996, the tribunal declared that the respondent had failed to provide pay statements required by section 8 Employment Rights Act 1996 during the period 12 March 2022 to 20 September 2022. The hearing was at Exeter by VHS on 9 June 2023 before Employment Judge Oldroyd, and the respondent did not attend.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the respondent breached contract by failing to pay wages for the period 6 September 2022 to 20 September 2022, covering 40 hours at £10 per hour. Damages of £400 were awarded. | Upheld | — | £400 |
| Holiday pay | The tribunal found the holiday pay claim well founded. It found that, at termination, the claimant had accrued but not taken 14 days of holiday and awarded £1,120 on the basis of 8 hours each day at £10 per hour. | Upheld | — | £1,120 |
| Breach of contract | The tribunal found the respondent breached contract by failing to provide particulars of employment or pay statements, which caused the claimant to lose the chance to claim maternity allowance. It awarded £1,800, being the maternity allowance the claimant could not claim after taking account of any universal credit entitlement. | Upheld | — | £1,800 |
| Other | Pursuant to section 12 Employment Rights Act 1996, the tribunal declared that the respondent had failed to provide pay statements required by section 8 Employment Rights Act 1996 during the period 12 March 2022 to 20 September 2022. | Upheld | — | — |
Remedy
Monetary award- Total award
- £3,320
- across all upheld claims
- Compensatory award
- £3,320
- compensatory remedy recorded
Legal tests applied
2 references- Section 12 Employment Rights Act 1996
- Section 8 Employment Rights Act 1996
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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