Case 2604459/2020 · Employment Tribunal
Mr L Swann v BPJ Limited — 2021
- Case reference
- 2604459/2020
- Decision date
- 4 June 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smith
Parties
2 namedClaimant
Mr L Swann
Respondent
Key findings
Tribunal's reasoningThe case was heard remotely via CVP in Nottingham on 4 June 2021 before Employment Judge Smith sitting alone. The claimant appeared in person and the respondent did not attend. The tribunal dealt with the claimant's notice pay, wages, Statutory Sick Pay, and annual leave claims.
The claimant's notice pay claim was dismissed. The tribunal then found two separate unauthorised deductions from wages. First, the respondent failed to pay wages on 1 December 2020 for the period 5 to 23 November 2020, and the tribunal ordered payment of £1,153.98 gross, calculated as 18 days' gross wages at £64.11 per day. Second, the respondent failed to pay the claimant's SSP entitlement on 1 December 2020 for the period 24 to 27 November 2020, and the tribunal ordered payment of £41.08 gross, calculated by reference to 3 days' SSP at the then-applicable weekly rate of £95.85.
The tribunal also ordered damages for breach of contract of £108.35 in respect of accrued but untaken annual leave entitlement as at the date of termination. The total monetary award was £1,303.41.
Claims and outcomes
4 findings recordedThis 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 |
|---|---|---|---|---|
| Breach of contract | The claimant's notice pay claim was dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal declared an unauthorised deduction from wages for non-payment on 1 December 2020 covering the period 5 to 23 November 2020 and ordered £1,153.98 gross, representing 18 days' gross wages at £64.11 per day. | Upheld | — | £1,154 |
| Unlawful deduction from wages | The tribunal declared an unauthorised deduction from wages for non-payment of Statutory Sick Pay on 1 December 2020 covering the period 24 to 27 November 2020 and ordered £41.08 gross, representing 3 days' SSP at the then-applicable weekly rate of £95.85. | Upheld | — | £41 |
| Breach of contract | The tribunal ordered damages for breach of contract of £108.35 in respect of the claimant's accrued but untaken annual leave entitlement as at the date of termination. | Upheld | — | £108 |
Remedy
Monetary award- Total award
- £1,303
- 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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