Case 2600691/2024 · Employment Tribunal
Mr Giles Smith v BPMS08 Limited (Formerly known as Horne Bros Carpets Limited) — 2024
- Case reference
- 2600691/2024
- Decision date
- 12 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Clark Date
Parties
2 namedClaimant
Mr Giles Smith
Key findings
Tribunal's reasoningThe claim was issued on 19 March 2024 and the respondent failed to present a valid response on time. Employment Judge Clark therefore determined the claim under rule 21 of the Employment Tribunals Rules of Procedure 2013. On that basis, the tribunal found that the respondent had made unauthorised deductions from wages, that the claimant had been dismissed in breach of contract in respect of notice, that the claimant was dismissed by reason of redundancy, and that the dismissal was unfair.
The tribunal ordered £2,324.76 net for unauthorised deductions from wages, £4,649.52 for notice pay as breach of contract damages, and £8,970 as a redundancy payment. It also awarded £1,937.30 for unfair dismissal compensation for loss of wages. The tribunal recorded that no basic award was ordered because it was discharged by the redundancy payment, and that the recoupment provisions applied with a prescribed element of £1,937.30 for the period 19 February 2024 to 15 July 2024.
The tribunal further found that the respondent had failed to pay accrued annual leave outstanding at termination and awarded £387.46 for that sum. The hearing listed for 1 August 2024 was cancelled. The monetary awards listed in the judgment total £18,269.04.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deductions from wages were found. The amount ordered was £2,324.76 net, described as 6 weeks at £387.46 net pay. | Upheld | — | £2,325 |
| Breach of contract | The claimant was found to have been dismissed in breach of contract in respect of notice. Damages were assessed at £4,649.52, being 12 weeks at £387.46 net pay. | Upheld | — | £4,650 |
| Redundancy | The tribunal found the dismissal was by reason of redundancy and awarded a redundancy payment of £8,970. | Upheld | — | £8,970 |
| Unfair dismissal | The tribunal found unfair dismissal. No basic award was ordered because it was discharged by the redundancy payment. Compensation for loss of wages was £1,937.30, and the recoupment provisions applied with a prescribed element of £1,937.30 for 19 February 2024 to 15 July 2024. | Upheld | — | £1,937 |
| Holiday pay | The respondent was found to have failed to pay accrued annual leave outstanding at termination, with compensation assessed at £387.46, described as 40 hours net pay. | Upheld | — | £387 |
Remedy
Monetary award- Total award
- £18,269
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £1,937
- compensatory remedy recorded
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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