Case 3303376/2021 · Employment Tribunal
Gemma Haynes v SCB (Skip Hire) Limited — 2022
- Case reference
- 3303376/2021
- Decision date
- 12 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Heather Appearances
- Venue
- Remotely
Parties
2 namedClaimant
Gemma Haynes
Respondent
Key findings
Tribunal's reasoningThe tribunal held that the claimant’s complaints of unfair dismissal, unlawful deductions from wages, holiday pay, wrongful dismissal, and failure to provide written particulars of employment were all well founded and succeeded. It also made a higher award under section 38 Employment Act 2002 for the written particulars complaint.
For unfair dismissal, the tribunal awarded a basic award of £1,923.08 and a compensatory award of £25,000. It recorded financial losses of £31,732.32, applied a 20% ACAS uplift under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, and then applied the statutory cap of 52 weeks’ pay. The wrongful dismissal claim attracted no separate award over and above the compensatory element of the unfair dismissal award.
For the money claims, the tribunal ordered arrears of pay of £2,083.33 gross and holiday pay of £778.83 gross. It also ordered £1,947 under section 38 Employment Act 2002. On recoupment, it stated that the prescribed period was 31 December 2020 to 16 June 2022, the prescribed element was £20,600, and £11,132.32 was due to be paid to the claimant immediately. The judgment records the total award as £31,732.32.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal awarded a basic award of £1,923.08 and a compensatory award of £25,000. It found financial losses of £31,732.32 before a 20% ACAS uplift and the statutory cap of 52 weeks' pay. | Upheld | — | £26,923 |
| Unlawful deduction from wages | Arrears of pay ordered in the gross sum of £2,083.33 before tax and national insurance deductions as appropriate. | Upheld | — | £2,083 |
| Holiday pay | Gross holiday pay ordered in the sum of £778.83 before tax and national insurance deductions as appropriate. | Upheld | — | £779 |
| Wrongful dismissal | The tribunal found the complaint well founded but made no separate award over and above the compensatory element of the unfair dismissal award. | Upheld | — | — |
| Other | Higher award under section 38 Employment Act 2002 for failure to provide written particulars of employment. | Upheld | — | £1,947 |
Remedy
Monetary award- Total award
- £31,732
- across all upheld claims
- Basic award
- £1,923
- statutory, unfair dismissal
- Compensatory award
- £25,000
- compensatory remedy recorded
Legal tests applied
3 references- section 207A(2) Trade Union and Labour Relations (Consolidation) Act 1992
- statutory cap of 52 weeks' pay
- section 38 Employment Act 2002
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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