Case 2500082/2022 · Employment Tribunal

Mr S Harwood v Marshalls The Bakers — 2021

Case reference: 2500082/2022
Decision date: 27 December 2021
Jurisdiction: England & Wales
Judge: Employment Judge Moss REPRESENTATION

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr S Harwood

Respondent

Marshalls The Bakers

Key findings

Tribunal's reasoning

The claimant brought claims for unlawful deduction from wages, accrued but untaken holiday pay under regulation 14 of the Working Time Regulations 1998, wrongful dismissal (notice pay), and entitlement to statutory sick pay. The tribunal dismissed the unlawful deduction claim so far as it related to underpayment of wages for the weeks commencing 20 and 27 December 2021 and 3 days' payment in lieu of working Bank Holidays over Christmas and New Year 2021.

The tribunal found that the claim for unlawful deduction from wages in respect of tips and gratuities was well founded. It ordered the respondent to pay the claimant £80 as compensation for the amount unlawfully deducted.

The claim for payment in respect of accrued but untaken holiday was dismissed, as was the claim for wrongful dismissal. The statutory sick pay claim was struck out because the tribunal held it had no jurisdiction to consider a claim regarding entitlement to statutory sick pay, referring to Taylor Gordon and Co Limited (T/a Plan Personnel) v Timmons 2004 IRLR 180 and Rule 37 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013.

Claims and outcomes

5 findings recorded

This 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
Unlawful deduction from wages	Claim covered underpayment of wages for the weeks commencing 20 and 27 December 2021 and 3 days' payment in lieu of working Bank Holidays over Christmas and New Year 2021.	Dismissed	—	—
Unlawful deduction from wages	Claim relating to tips and gratuities; the tribunal ordered payment of £80 as compensation for the amount unlawfully deducted.	Upheld	—	£80
Holiday pay	Claim for payment in respect of accrued but untaken holiday brought under regulation 14 of the Working Time Regulations 1998.	Dismissed	—	—
Wrongful dismissal	Claim for notice pay.	Dismissed	—	—
Other	Claim concerning entitlement to statutory sick pay; the tribunal held it had no jurisdiction to determine such a claim and struck it out under Rule 37, referring to Taylor Gordon and Co Limited (T/a Plan Personnel) v Timmons 2004 IRLR 180.	Struck out	—	—

Remedy

Monetary award

Total award: £80; 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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.