Case 2402249/2021 · Employment Tribunal
Mr P Smalley v D Thompson Construction Ltd — 2021
- Case reference
- 2402249/2021
- Decision date
- 2 July 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Franey
Parties
2 namedClaimant
Mr P Smalley
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment, so the tribunal determined the matter without a hearing. It found that D Thompson Construction Ltd had made a series of unauthorised deductions from Mr P Smalley's wages. The tribunal ordered payment of £1,390 gross for holiday pay and pay for days worked between 2 November 2020 and 8 January 2021.
The tribunal also found that Mr Smalley was dismissed in breach of contract in respect of notice. It awarded £475 in damages, described as a net sum but based on the claimant's gross pay because it was likely that tax would be payable on that amount as Post Employment Notice Pay.
In addition, the tribunal ordered £600 net compensation for financial loss in the form of interest and charges which Mr Smalley had sustained as a consequence of the unauthorised deductions from pay. The hearing listed for 30 June 2021 was cancelled, and the judgment was sent to the parties on 2 July 2021.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found a series of unauthorised deductions from wages and ordered £1,390 gross for holiday pay and pay for days worked between 2 November 2020 and 8 January 2021, plus £600 net compensation for financial loss caused by the deductions. | Upheld | — | £1,990 |
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded £475 damages, described as a net sum based on gross pay because it was likely to be taxable as Post Employment Notice Pay. | Upheld | — | £475 |
Remedy
Monetary award- Total award
- £2,465
- 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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