Case 2302691/2019 · Employment Tribunal
In person For the v Stephen Spence — 2020
- Case reference
- 2302691/2019
- Decision date
- 20 July 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Morton
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe respondent submitted no response and did not appear, so the tribunal determined the case under Rule 21. It found that Miss B Bell Gam was at all times an employee of Stephen Spence, and not of the limited company Spence Estates Limited.
On that basis, the claimant succeeded in her breach of contract claim and her unlawful deduction from wages claim. The breach of contract claim was recorded as covering underpaid wages, unpaid commission, unrecompensed expenses and pay for the notice period. The unlawful deduction from wages claim was recorded as covering underpaid wages and holiday pay.
The tribunal also held that the claimant was entitled to an award of four weeks' pay under s38 Employment Act 2002 because the respondent failed to give written particulars of employment. It applied a maximum week's pay of £538 for that calculation.
The judgment itemised compensation as £5,546 for net loss of earnings from 27 March 2019 to 27 June 2019, £500 for earned but unpaid commission, £400 for unpaid expenses, £457 for one week's statutory notice, £1,520 for accrued but unpaid holiday, and £2,152 for the written particulars failure. The total payable to the claimant was £10,575.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Rule 21 default judgment. The tribunal found the claimant succeeded in breach of contract in relation to underpaid wages, unpaid commission, unrecompensed expenses and pay for her notice period. The judgment listed itemised compensation, but it did not split the overlapping wage element between this claim and the unlawful deduction claim. | Upheld | — | — |
| Unlawful deduction from wages | Rule 21 default judgment. The tribunal found the claimant succeeded in unlawful deduction from wages in relation to underpaid wages and holiday pay. The judgment listed itemised compensation, but it did not separately allocate the underpaid wages element as between this claim and the breach of contract claim. | Upheld | — | — |
| Other | Award under s38 Employment Act 2002 for failure to provide written particulars of employment. The judgment applied a maximum week's pay of £538 and awarded four weeks' pay. | Upheld | — | £2,152 |
Remedy
Monetary award- Total award
- £10,575
- 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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