Case 2411003/2023 · Employment Tribunal

1. Mrs C McCallig 2. Mrs S Smith v Blamire Bakery Limited — 2024

Case reference: 2411003/2023
Decision date: 7 March 2024
Jurisdiction: England & Wales
Judge: Employment Judge McDonald

Indexed: 17 May 2026

Parties

2 named

Claimant

1. Mrs C McCallig 2. Mrs S Smith

Respondent

Blamire Bakery Limited

Key findings

Tribunal's reasoning

The respondent failed to present a valid response on time to the claims brought by Mrs C McCallig (2411003/2023) and Mrs S Smith (2411004/2023), and Employment Judge McDonald determined that a decision could properly be made under rule 21 of the Employment Tribunals Rules of Procedure 2013. The judgments were issued in gross sums, with the tribunal noting that the claimants might receive less if the respondent applied statutory deductions before payment.

For each claimant the tribunal upheld a claim for a statutory redundancy payment arising from constructive dismissal, a claim for damages for dismissal in breach of contract in respect of notice (calculated as the statutory maximum of 12 weeks' pay), a claim for unauthorised deduction from wages covering the period 15 February 2023 to 9 August 2023, and a claim for unpaid holiday entitlement. Mrs McCallig was awarded a total gross sum of £16,263.50 and Mrs Smith a total gross sum of £25,750.

A notice under Article 12 of the Employment Tribunals (Interest) Order 1990 was attached, recording the relevant decision day as 7 March 2024, the calculation day as 8 March 2024, and the stipulated rate of interest as 8% per annum, payable if the awards are not satisfied within 14 days.

Claims and outcomes

8 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Redundancy	Mrs C McCallig: statutory redundancy payment by reason of constructive dismissal (12 x 1.5 weeks' pay x £285).	Upheld	—	£5,130
Breach of contract	Mrs C McCallig: dismissed in breach of contract in respect of notice (£285 x 12 weeks).	Upheld	—	£3,420
Unlawful deduction from wages	Mrs C McCallig: unauthorised deduction from wages 15/2/23–9/8/23 (£285 x 25 weeks less £124 received).	Upheld	—	£7,001
Holiday pay	Mrs C McCallig: 10 days' untaken leave @ £71.25 per day.	Upheld	—	£713
Redundancy	Mrs S Smith (case 2411004/2023, heard together): statutory redundancy payment by reason of constructive dismissal (18 x 1.5 weeks' pay x £392.50).	Upheld	—	£10,598
Breach of contract	Mrs S Smith: dismissed in breach of contract in respect of notice (£392.50 x 12 weeks).	Upheld	—	£4,710
Unlawful deduction from wages	Mrs S Smith: unauthorised deduction from wages 15/2/23–9/8/23 (£392.50 x 25 weeks less £155 received).

Remedy

Monetary award

Total award: £42,014; across all upheld claims

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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