Case 2602816/2021 · Employment Tribunal
Mrs M Smith v Turner Bros. Limited (in Creditors’ Voluntary Liquidation) — 2022
- Case reference
- 2602816/2021
- Decision date
- 5 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fredericks Appearances
Parties
2 namedClaimant
Mrs M Smith
Key findings
Tribunal's reasoningMrs M Smith's claims against Turner Bros. Limited (in Creditors' Voluntary Liquidation) were heard at Nottingham via CVP on 31 March 2022 before Employment Judge Fredericks. The respondent did not attend. The tribunal amended the respondent's name and held that the claimant's complaint of constructive unfair dismissal succeeded. It awarded a basic award of £4,341.36 and a compensatory award of £8,991.77.
The compensatory award was explained as £6,150.26 for lost earnings to 25 March 2022, £331.13 for lost pension entitlement, £4,750.72 for lost future earnings over 26 weeks, £400.00 for lost statutory rights, and £2,110.38 as a 20% uplift because of the respondent's unreasonable failure to follow ACAS codes of practice in relation to grievances. The tribunal also found an unlawful deduction of wages and ordered payment of £180.37.
In addition, the tribunal found the claimant was owed £547.84 for accrued but untaken holiday. It further found that she had not been provided with a written statement of employment particulars and made a section 38 Employment Act 2002 award of four weeks' pay in the sum of £723.56, using the higher amount provided by the statute. The judgment recorded a grand total payable of £14,784.90.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The judgment described the claim as constructive unfair dismissal. The award comprised a basic award of £4,341.36 and a compensatory award of £8,991.77, which included a 20% uplift for the respondent's unreasonable failure to follow ACAS codes of practice in relation to grievances. | Upheld | — | £13,333 |
| Unlawful deduction from wages | Recorded from the judgment. | Upheld | — | £180 |
| Holiday pay | The tribunal found the claimant was owed pay for accrued but untaken holiday. | Upheld | — | £548 |
| Other | Statutory award under section 38 of the Employment Act 2002 for failure to provide a written statement of employment particulars; the judgment ordered four weeks' pay at the higher amount of £723.56. | Upheld | — | £724 |
Remedy
Monetary award- Total award
- £14,785
- across all upheld claims
- Basic award
- £4,341
- statutory, unfair dismissal
- Compensatory award
- £8,992
- 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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