Case 1600001/2023 · Employment Tribunal
Mr B Tam v BE Foods Ltd — 2023
- Case reference
- 1600001/2023
- Decision date
- 12 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Macdonald Representation
- Venue
- Cardiff
Parties
2 namedClaimant
Mr B Tam
Respondent
Key findings
Tribunal's reasoningAt Cardiff Employment Tribunal, heard by video on 11 September 2023 before Employment Judge E Macdonald, Mr B Tam succeeded in his complaints of unfair dismissal, unlawful deductions from wages, and breach of contract in respect of notice pay. The holiday pay complaint was found not well-founded and dismissed. The separate claim under s.38 Employment Act 2002 for failure to provide written employment particulars was dismissed upon withdrawal.
In relation to unfair dismissal, the tribunal ordered BE Foods Ltd to pay a basic award of £1,427.50, a compensatory award of £3,056.12, a 10% uplift of £305.61 for unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, and £500 for loss of statutory rights. The tribunal recorded that no separate award was made for notice pay.
The unlawful deductions from wages claim succeeded and the tribunal awarded £9,784.01 in respect of that claim. The total payable by the respondent was recorded as £15,073.24.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Awarded a basic award of £1,427.50, a compensatory award of £3,056.12, a 10% uplift of £305.61 for unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, and £500 for loss of statutory rights. | Upheld | — | £5,289 |
| Unlawful deduction from wages | Awarded £9,784.01. | Upheld | — | £9,784 |
| Holiday pay | Claim for holiday pay was found not well-founded and dismissed. | Dismissed | — | — |
| Breach of contract | Breach of contract claim for notice pay was well-founded, but the tribunal made no separate award for notice pay. | Upheld | — | — |
| Other | Claim under s.38 Employment Act 2002 for failure to provide a written statement of employment particulars was dismissed upon withdrawal. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £15,073
- across all upheld claims
- Basic award
- £1,428
- statutory, unfair dismissal
- Compensatory award
- £3,056
- compensatory remedy recorded
Legal tests applied
4 references- s 13 Employment Rights Act 1996
- s 23 Employment Rights Act 1996
- s 38 Employment Act 2002
- ACAS Code of Practice on Disciplinary and Grievance Procedures
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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