Case 3312721/2021 · Employment Tribunal
Mr L Bletchey (counsel) For the v Mr P Clarke (consultant) — 2021
- Case reference
- 3312721/2021
- Decision date
- 9 November 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smeaton Appearances
- Venue
- Watford
Parties
2 namedClaimant
Mr L Bletchey (counsel) For the
Respondent
Key findings
Tribunal's reasoningAt Watford on 9 November 2021, Employment Judge Smeaton heard the claims by Mr B Gebreyohannes against J O'Doherty Haulage Limited. The tribunal dismissed the unfair dismissal claim and the wrongful dismissal claim, recording in each case that the claim was not well-founded.
The tribunal upheld the claim for accrued holiday pay under the Working Time Regulations 1998 and ordered the respondent to pay £1,672 gross. It also found that the respondent had failed to provide particulars of employment as required by section 1 of the Employment Rights Act 1996 and awarded £4,180 gross compensation pursuant to section 38 of the Employment Act 2002.
The judgment states that reasons were given orally at the hearing and that written reasons would not be provided unless requested. The total sum ordered by the tribunal was £5,852 gross.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held the unfair dismissal claim was not well-founded and dismissed it. | Dismissed | — | — |
| Wrongful dismissal | The tribunal held the wrongful dismissal claim was not well-founded and dismissed it. | Dismissed | — | — |
| Holiday pay | The tribunal found the respondent had failed to pay accrued holiday pay in breach of the Working Time Regulations 1998 and ordered payment of £1,672 gross. | Upheld | — | £1,672 |
| Other | The tribunal found the respondent had failed to provide particulars of employment required by section 1 of the Employment Rights Act 1996 and awarded £4,180 gross compensation under section 38 of the Employment Act 2002. | Upheld | — | £4,180 |
Remedy
Monetary award- Total award
- £5,852
- across all upheld claims
- Compensatory award
- £4,180
- compensatory remedy recorded
Legal tests applied
3 references- section 1 of the Employment Rights Act 1996
- section 38 of the Employment Act 2002
- Working Time Regulations 1998
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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