Case 2302093/2023 · Employment Tribunal
Mr O Smillie v STR 48 Limited (in voluntary liquidation) — 2023
- Case reference
- 2302093/2023
- Decision date
- 19 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Richter REPRESENTATION
Parties
2 namedClaimant
Mr O Smillie
Key findings
Tribunal's reasoningThe Tribunal found that the complaint of unauthorised deductions from wages was well-founded. It found that the respondent made an unauthorised deduction from the claimant's wages in the period 30 January 2023 to 26 February 2023, and ordered payment of the gross sum deducted plus compensation for financial loss attributable to extra interest charges.
The Tribunal also found that, when proceedings began, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. It found there were no exceptional circumstances and that it was just and equitable to make an award equal to four weeks' gross pay under section 38 Employment Act 2002.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The judgment awarded £684.20 as the gross sum deducted from wages and a further £200 for financial loss attributable to the unauthorised deduction in respect of extra interest charges. | Upheld | — | £884 |
| Other | The respondent was found to be in breach of its duty to provide a written statement of employment particulars; the taxonomy has no specific enum for this claim, so it is classified as other. | Upheld | — | £1,140 |
Remedy
Monetary award- Total award
- £2,024
- across all upheld claims
Legal tests applied
1 reference- section 38 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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