Case 1807854/2023 · Employment Tribunal
Mr P Sommese v Art of Smart Group Limited — 2024
- Case reference
- 1807854/2023
- Decision date
- 8 April 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T Knowles Appearances
Parties
2 namedClaimant
Mr P Sommese
Respondent
Key findings
Tribunal's reasoningThe claim was determined under rule 21 after the respondent failed to present a valid response on time. The tribunal substituted Art of Smart Group Limited as the correctly named respondent under rule 34 and proceeded on the basis of the claim form served at the respondent's trading office and registered office.
The unfair dismissal claim succeeded. The tribunal held that the claim was well founded and awarded Mr Sommese a basic award of £1,286.00 and a compensatory award of £2,140.48.
The unlawful deductions from wages claim also succeeded in part. The tribunal ordered the respondent to pay the claimant the gross amount of £998.23 for unauthorised deductions from wages. However, the part of the claim relating to pension contributions that had been deducted from wages but not paid into the relevant pension fund was held to be outside the Employment Tribunal's jurisdiction and was said to be a matter for the Pensions Regulator.
For the respondent's unreasonable failure to comply with the ACAS Code of Practice on Discipline and Grievance Procedures, the tribunal ordered a 25% uplift on the awards, assessed at £1,106.17. The combined monetary outcome recorded in the judgment was therefore £5,530.88.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claim well founded and awarded a basic award of £1,286.00 and a compensatory award of £2,140.48. A 25% ACAS Code uplift was applied to the awards in paragraphs 2 and 3. | Upheld | — | £3,426 |
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages and ordered payment of the gross amount of £998.23. The part of the claim concerning pension contributions not paid into the relevant pension fund was said to be outside the tribunal's jurisdiction and to be referred to the Pensions Regulator. | Upheld | — | £998 |
Remedy
Monetary award- Total award
- £5,531
- across all upheld claims
- Basic award
- £1,286
- statutory, unfair dismissal
- Compensatory award
- £2,140
- compensatory remedy recorded
Legal tests applied
3 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- Rule 34 Employment Tribunals Rules of Procedure 2013
- ACAS Code of Practice on Discipline 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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