Case 1800588/2019 · Employment Tribunal
Mrs L A Smith in person v Mr J W Nicholson in person — 2019
- Case reference
- 1800588/2019
- Decision date
- 1 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Hull
Parties
2 namedClaimant
Mrs L A Smith in person
Respondent
Key findings
Tribunal's reasoningEmployment Judge Lancaster heard both case numbers on 30 October 2019. The tribunal held that, because Mr M Smith was deceased, it had no jurisdiction to hear complaints under Parts I and II of the Employment Rights Act 1996 except in relation to itemised pay slips. It declared that the respondent had failed to provide itemised pay slips in respect of both claimants.
The first claimant's application for a reference under section 11 of the Employment Rights Act 1996, so far as it concerned written terms and conditions, was dismissed. Her claim for unauthorised deductions from wages was also dismissed.
The second claimant's breach of contract claims succeeded in part. The tribunal ordered the respondent to pay his estate £321.45 and £1,036.78 for outstanding mileage expenses and £910.67 gross for overtime payments outstanding and due on termination. All other breach of contract claims were dismissed, and the tribunal declined to award an uplift under section 38 of the Employment Act 2002, finding it would be inequitable to do so.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal declared that the respondent had failed to provide itemised pay slips in respect of both claimants. No monetary award was made on this issue. | Upheld | — | — |
| Other | The first claimant's application for a reference under section 11 of the Employment Rights Act 1996, in respect of her written terms and conditions, was dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | The first claimant's claim for unauthorised deductions from wages was dismissed. | Dismissed | — | — |
| Breach of contract | The second claimant's breach of contract claims succeeded in part only. The tribunal ordered payment to his estate of £321.45 and £1,036.78 for outstanding mileage expenses, and £910.67 gross for overtime payments outstanding and arising on termination. All other breach of contract claims were dismissed, and no uplift was awarded under section 38 of the Employment Act 2002. | Upheld | — | £2,269 |
Remedy
Monetary award- Total award
- £2,269
- 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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