Case 3200812/2022 · Employment Tribunal
Mr C Scamell v 5 Solutions Ltd — 2022
- Case reference
- 3200812/2022
- Decision date
- 25 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge LS Muir
Parties
2 namedClaimant
Mr C Scamell
Respondent
Key findings
Tribunal's reasoningMr C Scamell attended the remote final hearing in person; 5 Solutions Ltd did not attend or engage. The tribunal had written to the respondent on 7 July 2022 at its registered address warning that judgment might be issued under rule 21. The tribunal proceeded in the respondent's absence under Rule 47 of the Employment Tribunals Rules of Procedure 2013 and found the claimant to be an honest witness, relying on the timesheet screenshot and bank statements he produced.
The claim for unlawful deductions from wages succeeded. The tribunal found that £40 gross was due on 2 November 2021 for work completed between 26 September and 25 October 2021. It also accepted a further sum of £455.05 gross in relation to work completed on 27 October 2021 and agreed, taken but unpaid holiday from 28 October to 1 November 2021, which the judgment described as a claim for unlawful deduction of wages and breach of the Working Time Regulations 1998. The tribunal ordered payment of £495.05 gross before tax and national insurance deductions.
The tribunal then added £12 under section 24(2) Employment Rights Act 1996 to compensate for financial loss attributable to the matter complained of. It also awarded £126.76 under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, described as a 25% uplift on the awards for unlawful deduction from wages. The total gross sum due before deductions was £633.81.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The £495.05 gross award comprised £40 for pay due on 2 November 2021 for work completed between 26 September and 25 October 2021, and £455.05 for work completed on 27 October 2021 plus agreed, taken but unpaid holiday for 28 October to 1 November 2021. The judgment also referred to breach of the Working Time Regulations 1998 in relation to the holiday element, but did not separately apportion that sum. | Upheld | — | £495 |
Remedy
Monetary award- Total award
- £634
- across all upheld claims
- Compensatory award
- £12
- compensatory remedy recorded
Legal tests applied
4 references- rule 21 of the Employment Tribunals Rules of Procedure 2013
- Rule 47 of the Employment Tribunals Rules of Procedure 2013
- section 24(2) Employment Rights Act 1996
- section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992
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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