Case 2301040/2023 · Employment Tribunal
Mr G Smith v Marshall Eaton Holdings Limited — 2023
- Case reference
- 2301040/2023
- Decision date
- 9 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ramsden Heard
- Venue
- London South
Parties
2 namedClaimant
Mr G Smith
Respondent
Key findings
Tribunal's reasoningThe Tribunal struck out the Claimant's unfair dismissal claim. It also held that it did not have jurisdiction to hear complaints about unpaid pension contributions, including alleged unauthorised deductions relating to pension contributions and employer-side pension contributions, and those complaints therefore failed.
The Claimant succeeded on unauthorised deduction claims for wages earned but unpaid from 1 November to 13 February 2023. The Tribunal awarded £23,095.24, calculated from an annual salary of £80,000 for three complete months and 13 days in February 2023.
The Claimant also succeeded in respect of five days of accrued but untaken holiday at termination. The Tribunal calculated a daily rate of £352.42 from the Claimant's £80,000 annual salary and 227 working days, awarding £1,762.11. The Respondent's Employer's Contract Claim concerning alleged non-return of IT equipment failed because the Tribunal found it had no jurisdiction to determine it.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states that the claim of unfair dismissal is struck out. | Struck out | — | — |
| Unlawful deduction from wages | The Tribunal held it had no jurisdiction over complaints about unauthorised deductions from wages in respect of unpaid pension contributions, because enforcement of automatic enrolment pension contribution obligations lies with The Pensions Regulator. | Dismissed | — | — |
| Other | The Tribunal held it had no jurisdiction in respect of the Respondent's failure to make employer-side pension contributions. | Dismissed | — | — |
| Unlawful deduction from wages | The claim succeeded in respect of wages earned between 1 November and 13 February 2023. | Upheld | — | £23,095 |
| Holiday pay | The claim succeeded in respect of five days of accrued but untaken holiday at termination. | Upheld | — | £1,762 |
| Breach of contract | The Respondent's Employer's Contract Claim about alleged failure to return IT equipment failed for lack of jurisdiction. |
Remedy
Monetary award- Total award
- £24,857
- across all upheld claims
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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