Case 1805877/2022 · Employment Tribunal
Mrs Maxine Surman v The Crescent (Yorkshire) Ltd and 1 other — 2023
- Case reference
- 1805877/2022
- Decision date
- 28 April 2023
- Jurisdiction
- England & Wales
- Venue
- Leeds
Parties
3 namedClaimant
Mrs Maxine Surman
Key findings
Tribunal's reasoningThe second respondent was dismissed from the proceedings by consent after the claim against it was withdrawn. The first respondent remained as the only respondent for the substantive claims.
The tribunal upheld the claimant's holiday pay claim under regulation 15 of the Working Time Regulations 1998. It accepted the evidence on the claimant's final payslip, which showed 114.91 hours of holiday accrued but not used and unpaid. No evidence was produced to rebut that figure, and the tribunal accepted the claimant's rate of pay as £9.60 per hour, producing an award of £1,091.65.
The tribunal also found that the first respondent had not provided the claimant with a written Statement of Particulars of Employment required by section 1 of the Employment Rights Act 1996. Under section 38 of the Employment Act 2002, the claimant was awarded two weeks' gross pay at £372.41 per week, totalling £744.82. The awards together total £1,836.47.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The tribunal found 114.91 hours of holiday had accrued but remained unpaid, relying on the claimant's last payslip and finding no evidence to displace it. The rate accepted was £9.60 per hour. | Upheld | — | £1,092 |
| Other | The tribunal found the first respondent had failed to provide the claimant with a written Statement of Particulars of Employment required by section 1 ERA 1996 and made an award under section 38 Employment Act 2002 of two weeks' gross pay at £372.41 per week. | Upheld | — | £745 |
Remedy
Monetary award- Total award
- £1,836
- across all upheld claims
Legal tests applied
3 references- Regulation 15 of the Working Time Regulations 1998
- Section 1 of the Employment Rights Act 1996
- Section 38 of the Employment Act 2002
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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