Case 3303193/2020 · Employment Tribunal
Claimant v CELLtd Commodities — 2020
- Case reference
- 3303193/2020
- Decision date
- 21 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Allen
- Venue
- Watford
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningMs Julia Wilson brought claims against CELLtd Commodities for unfair dismissal, wrongful dismissal in breach of contract and unauthorised deduction from wages. The tribunal noted that employment started on 13 June 2019 and the effective date of termination was 21 February 2020. Employment Judge Allen sat alone in a remote hearing at Watford and decided the case on the papers.
The unfair dismissal claim was dismissed for lack of jurisdiction. The tribunal held that the claimant had not been continuously employed for the two-year qualifying period required by s.108(1) ERA 1996, so the s.94 unfair dismissal claim was not well founded.
On notice pay, the tribunal found that the respondent failed to provide adequate notice under s.86(1) ERA 1996 and ordered gross damages of £865.39. It also found an unauthorised deduction from wages in respect of salary due between 26 January and 21 February 2020 and awarded £3,257.20 gross.
The tribunal further found that holiday accrued but untaken at termination had not been paid and awarded £268.58 gross, based on 2.18 days outstanding after taking account of 15 days already taken. It also ordered payment of £49.50 for expenses incurred in the course of employment. The total gross award was £4,440.67.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed on jurisdiction because the claimant had less than 2 years' continuous service; the tribunal applied s.108(1) ERA 1996 to the s.94 unfair dismissal claim. | Dismissed | — | — |
| Wrongful dismissal | The tribunal found the respondent failed to provide adequate notice under s.86(1) ERA 1996 and awarded gross damages for notice pay. | Upheld | — | £865 |
| Unlawful deduction from wages | Award for salary due between 26 January 2020 and 21 February 2020, described as an unauthorised deduction from wages. | Upheld | — | £3,257 |
| Holiday pay | Award for 2.18 days of holiday accrued but untaken at the effective date of termination. | Upheld | — | £269 |
| Breach of contract | Award for expenses incurred in the course of employment; the judgment did not specify a separate statutory basis. | Upheld | — | £50 |
Remedy
Monetary award- Total award
- £4,441
- across all upheld claims
Legal tests applied
3 references- s.94 ERA 1996
- s.108(1) ERA 1996
- s.86(1) ERA 1996
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.