Case 1804445/2022 · Employment Tribunal
Mr S Clarke v TF Social Ltd (in creditors voluntary liquidation) — 2022
- Case reference
- 1804445/2022
- Decision date
- 22 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brain REPRESENTATION
Parties
2 namedClaimant
Mr S Clarke
Key findings
Tribunal's reasoningThe tribunal dismissed the complaints of unauthorised deduction from wages and failure to pay accrued holiday pay. It found instead that the claimant had been wrongfully dismissed because his contract was summarily terminated on 27 June 2022 when he was entitled to one month's notice, and it awarded damages of £2,083.00, being one month’s gross wages.
The tribunal also found that the claimant had been unfairly dismissed. It awarded a basic award of £961.40 and a compensatory award of £4,168.18. The compensatory award was made up of loss of earnings from the expiry of the notional notice period to 15 September 2022, when the claimant obtained new employment, £500 for loss of the statutory right not to be unfairly dismissed, and a 15% uplift for failure to comply with the Acas Code of Practice: Disciplinary and Grievance Procedures.
Separately, the tribunal found that the respondent had failed to comply with the obligation to provide a written statement of employment particulars under Part I of the Employment Rights Act 1996. It awarded two weeks' wages of £961.40 under section 38 of the Employment Act 2002. The total payable was £8,173.98, to be paid on or before 6 January 2023.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The complaint that the respondent made an unauthorised deduction from wages was dismissed. | Dismissed | — | — |
| Holiday pay | The complaint that the respondent failed to pay accrued holiday pay was dismissed. | Dismissed | — | — |
| Wrongful dismissal | The claimant was summarily terminated on 27 June 2022 when he was entitled to one month's notice; damages were awarded at one month's gross wages. | Upheld | — | £2,083 |
| Unfair dismissal | The tribunal awarded a basic award of £961.40 and a compensatory award of £4,168.18, including loss of earnings, £500 for loss of the statutory right not to be unfairly dismissed, and a 15% Acas uplift. | Upheld | — | £5,130 |
| Other | The respondent failed to furnish a statement of employment particulars; the tribunal awarded two weeks' wages under section 38 of the Employment Act 2002. | Upheld | — | £961 |
Remedy
Monetary award- Total award
- £8,174
- across all upheld claims
- Basic award
- £961
- statutory, unfair dismissal
- Compensatory award
- £4,168
- 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.
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