Case 3201853/2024 · Employment Tribunal
Sian Smith v Baller’s Brands Limited — 2025
- Case reference
- 3201853/2024
- Decision date
- 19 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge C Lewis Representation
- Venue
- East London
Parties
2 namedClaimant
Sian Smith
Respondent
Key findings
Tribunal's reasoningEmployment Judge C Lewis sitting at East London Employment Tribunal determined the claims on 10 March 2025, with the Respondent not attending and not having entered a Response. The Tribunal found that the Claimant had been dismissed for redundancy when the Respondent ceased providing her with work on 30 September 2024, and that complaints of unauthorised deduction from wages, breach of contract for notice pay, holiday pay and statutory redundancy pay were all well-founded.
The Tribunal further found that the Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and that it was just and equitable to increase the compensatory award by 25% under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992, producing an additional sum of £2,400. The Tribunal also found the Respondent was in breach of its duty to provide a written statement of employment particulars when proceedings began, and made an award equal to four weeks' gross pay under s.38 Employment Act 2002.
The total sum payable forthwith by the Respondent to the Claimant was £13,440. Written reasons were not provided as the judgment was given orally at the hearing.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages for the period 1 June 2024 to 30 September 2024; gross sum awarded. | Upheld | — | £5,400 |
| Breach of contract | Breach of contract in relation to notice pay; calculated using gross pay to reflect likely tax as Post Employment Notice Pay. | Upheld | — | £1,440 |
| Holiday pay | Unauthorised deduction by failing to pay accrued but untaken holiday on termination. | Upheld | — | £1,320 |
| Redundancy | Statutory redundancy payment determined under s.163 Employment Rights Act 1996. | Upheld | — | £1,440 |
| Other | Award under s.38 Employment Act 2002 for failure to provide a written statement of employment particulars; four weeks' gross pay. | Upheld | — | £1,440 |
Remedy
Monetary award- Total award
- £13,440
- across all upheld claims
- Basic award
- £1,440
- statutory, unfair dismissal
- Compensatory award
- £2,400
- compensatory remedy recorded
Legal tests applied
4 references- s.163 Employment Rights Act 1996
- s.207A Trade Union & Labour Relations (Consolidation) Act 1992
- s.38 Employment Act 2002
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
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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