Case 3303366/2021 · Employment Tribunal
Ben Baker v SCB (Skip Hire) Limited — 2022
- Case reference
- 3303366/2021
- Decision date
- 12 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Heather Appearances
- Venue
- Remotely
Parties
2 namedClaimant
Ben Baker
Respondent
Key findings
Tribunal's reasoningThe tribunal found Ben Baker's complaint of unfair dismissal well founded. It awarded a basic award of £1,442.31 and a compensatory award of £25,000. The compensatory figure was derived from financial losses of £31,251.55, with a 20% ACAS uplift applied under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 before the statutory cap of 52 weeks' pay reduced the award to £25,000.
The tribunal also found the complaints of unlawful deductions from wages and failure to pay holiday pay well founded, awarding £2,083.33 gross and £778.83 gross respectively, each before deductions for tax and national insurance. The wrongful dismissal complaint also succeeded, but the tribunal made no separate award because that loss was covered by the compensatory element of the unfair dismissal award. A further award of £1,947 was made for failure to provide written particulars of employment under section 38 of the Employment Act 2002.
For recoupment purposes, the tribunal recorded a prescribed period of 31 December 2020 to 16 June 2022, a prescribed element of £20,600, and an immediate balance of £10,651.55. The written record states that the total amount to be paid to the claimant was £31,251.55.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Basic award of £1,442.31 and compensatory award of £25,000. The compensatory award was calculated from financial losses of £31,251.55, with a 20% ACAS uplift applied and then capped at 52 weeks' pay. | Upheld | — | £26,442 |
| Unlawful deduction from wages | Awarded as arrears of pay in the gross sum of £2,083.33, before deductions for tax and national insurance. | Upheld | — | £2,083 |
| Holiday pay | Awarded as gross holiday pay of £778.83, before deductions for tax and national insurance. | Upheld | — | £779 |
| Wrongful dismissal | The claim succeeded, but no separate award was made over and above the compensatory element of the unfair dismissal award. | Upheld | — | — |
| Other | Awarded under section 38 Employment Act 2002 for failure to provide written particulars of employment. | Upheld | — | £1,947 |
Remedy
Monetary award- Total award
- £31,252
- across all upheld claims
- Basic award
- £1,442
- statutory, unfair dismissal
- Compensatory award
- £25,000
- compensatory remedy recorded
Legal tests applied
3 references- section 207A(2) TULR(C)A 1992
- section 38 Employment Act 2002
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 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.
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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