Case 1404654/2020 · Employment Tribunal
In Person v Respondent — 2022
- Case reference
- 1404654/2020
- Decision date
- 8 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail Appearances
- Venue
- Exeter
Parties
1 namedClaimant
In Person
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal declared that Mr M Derbyshire was an employee of Paul Trivett t/a Paul Trivett Transport between 1 March 2018 and 24 July 2020. It also found that the itemised pay statement for the period 20 April 2020 to 24 July 2020 should have read as set out in the claimant's schedule, save that the respondent had not accounted to HMRC for the tax and national insurance allegedly deducted.
On remedies, the tribunal ordered payment of £817.30 for unnotified deductions under section 12(4) ERA 1996, £628.57 for accrued but unpaid holiday pay, £542.42 for unpaid wages for the last week of employment, and £2,000 compensation for failure to issue written particulars of employment. It also imposed a separate financial penalty of £1,994.14 under section 12A of the Employment Tribunals Act 1996, citing the failure to account to HMRC for sums purportedly deducted; the total payable to the claimant was £3,988.29, with the penalty payable to the State.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Declaration that the claimant was an employee of the respondent between 1 March 2018 and 24 July 2020. | Upheld | — | — |
| Unlawful deduction from wages | Award for unnotified deductions under section 12(4) ERA 1996; the tribunal also said the itemised pay statement for 20 April 2020 to 24 July 2020 should have matched the claimant's schedule, subject to the HMRC point recorded in the judgment. | Upheld | — | £817 |
| Holiday pay | Recorded from the judgment. | Upheld | — | £629 |
| Unlawful deduction from wages | Unpaid wages for the last week of employment. | Upheld | — | £542 |
| Other | Compensation equivalent to four weeks' pay for failure to issue written particulars of employment. | Upheld | — | £2,000 |
Remedy
Monetary award- Total award
- £3,988
- across all upheld claims
Legal tests applied
2 references- s.12(4) ERA 1996
- s.12A Employment Tribunals 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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