Case 2211532/2023 · Employment Tribunal
Ms S Haines, lay representative For the v Respondent — 2024
- Case reference
- 2211532/2023
- Decision date
- 28 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge P Klimov
Parties
1 namedClaimant
Ms S Haines, lay representative For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal found that Mr Whitmer’s complaint of unfair dismissal was well-founded and held that he had been unfairly dismissed. It awarded a basic award of £4,282.50 and a compensatory award of £10,021.84. The compensatory figure was built from loss of statutory right (£500), agreed net pay for 11 weeks (£7,060.90), and loss of pension contributions for 11 weeks (£790.63), with a 20% ACAS uplift added under s 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
The tribunal also upheld the holiday pay complaint. It found that the respondent had made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when employment ended, and ordered payment of £815.43 gross. The tribunal noted that the claimant was responsible for any tax or National Insurance due on that sum. The judgment was given by Employment Judge P Klimov sitting alone.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the dismissal unfair and awarded a basic award plus a compensatory award that included a 20% ACAS uplift under s 207A TULR(C)A 1992. | Upheld | — | £14,304 |
| Holiday pay | The tribunal found the holiday pay complaint well-founded and treated the unpaid accrued holiday as an unauthorised deduction from wages. The award was stated as £815.43 gross, with tax or National Insurance to be dealt with by the claimant. | Upheld | — | £815 |
Remedy
Monetary award- Total award
- £15,120
- across all upheld claims
- Basic award
- £4,283
- statutory, unfair dismissal
- Compensatory award
- £10,022
- compensatory remedy recorded
Legal tests applied
2 references- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s 207A Trade Union & Labour Relations (Consolidation) Act 1992
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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