Case 1804216/2019 · Employment Tribunal
Mr H Smith v R E Grafton Limited — 2019
- Case reference
- 1804216/2019
- Decision date
- 10 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shulman REPRESENTATION
Parties
2 namedClaimant
Mr H Smith
Respondent
Key findings
Tribunal's reasoningThe claimant, Mr H Smith, was the respondent's sales director from 21 October 1997 until his dismissal without warning on 22 June 2019. The respondent did not file a response, did not attend, and was not represented. The tribunal therefore entered judgment for unfair dismissal, balance of notice pay, holiday pay and unauthorised deduction of wages. It also recorded that the claimant's redundancy pay claim was subsumed within the unfair dismissal claim.
At remedy, the tribunal awarded an unfair dismissal total of £27,123.49 subject to recoupment rights. It calculated a basic award of £11,812.50, then added future loss for the period from 22 June 2019 to 30 July 2019, a further six months' future loss from 31 July 2019, pension loss for those periods, £320 for the balance of an 18-month broadband contract, and £500 for loss of statutory industrial rights. The tribunal said the claimant had earned approximately £650 per month from 31 July 2019 onward when assessing future loss.
The tribunal separately awarded £3,444.16 for the balance of notice pay, using 47 days at £73.28 per day. It awarded £1,131.68 for 11 days' untaken holiday at £102.88 per day, and £1,612.16 for unpaid wages covering 1 June 2019 to 22 June 2019. The total monetary outcome recorded in the judgment is £33,311.49.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal said the redundancy pay claim was subsumed in the unfair dismissal claim. The unfair dismissal compensation was subject to recoupment rights. | Upheld | — | £27,123 |
| Breach of contract | Awarded as the balance of 12 weeks' notice pay, calculated at 47 days at £73.28 per day. | Upheld | — | £3,444 |
| Holiday pay | Awarded for 11 days' untaken holiday at £102.88 per day. | Upheld | — | £1,132 |
| Unlawful deduction from wages | Awarded for unpaid wages from 1 June 2019 to 22 June 2019, being 22 days at £73.28 per day. | Upheld | — | £1,612 |
Remedy
Monetary award- Total award
- £33,311
- across all upheld claims
- Basic award
- £11,813
- statutory, unfair dismissal
- Compensatory award
- £15,311
- compensatory remedy recorded
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.