Case 3322702/2021 · Employment Tribunal
Mrs D Smith (Claimant’s daughter) For the v Miss S MacIntosh (Consultant) — 2024
- Case reference
- 3322702/2021
- Decision date
- 22 January 2024
- Jurisdiction
- England & Wales
- Venue
- Bury St Edmunds
Parties
2 namedClaimant
Mrs D Smith (Claimant’s daughter) For the
Respondent
Key findings
Tribunal's reasoningThe case was heard at Bury St Edmunds on 8, 9, 10, 11, 12, 15 and 16 January 2024 before Employment Judge K J Palmer sitting alone by CVP. The tribunal upheld the Claimant’s claims for unlawful deduction of wages, failure to provide itemised pay statements, payment in lieu of accrued untaken holiday, wrongful dismissal, and constructive unfair dismissal.
On the unlawful deduction claim, the tribunal made two separate awards. It awarded £696.38, made up of £557.10 plus a £139.28 uplift for failure to follow ACAS grievance procedures, and £218.63, made up of £174.90 plus a £43.73 uplift for failure to follow grievance procedures. Both sums were ordered to be paid without deductions.
The tribunal also awarded £457.16 for failure to provide itemised pay statements. For holiday pay, it found in favour of the Claimant for the 2020 and 2021 holiday years and awarded £4,617.00 in total, comprising £3,693.60 plus a £923.40 uplift for failure to follow ACAS grievance procedures.
For dismissal-related claims, the tribunal awarded £4,718.76 for wrongful dismissal as a net sum, with no deductions to be made. It also upheld the constructive unfair dismissal claim and awarded £32,006.30, stating that tax at 20% should be deducted on £2,006.30. The total payable by the Respondent was recorded as £42,714.23.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The judgment allowed this head in two separate monetary parts: £696.38, comprising £557.10 plus a £139.28 uplift for failure to follow ACAS grievance procedures, and £218.63, comprising £174.90 plus a £43.73 uplift. Both sums were stated to be payable without deductions. | Upheld | — | — |
| Other | Claim for failure to provide itemised pay statements. | Upheld | — | £457 |
| Holiday pay | Claim for payment in lieu of accrued untaken holiday for the 2020 and 2021 holiday years. The award was £3,693.60 plus a £923.40 uplift for failure to follow ACAS grievance procedures. | Upheld | — | £4,617 |
| Wrongful dismissal | Awarded as a net sum; the judgment said no deductions should be made from this figure. | Upheld | — | £4,719 |
| Constructive dismissal | The judgment referred to this as constructive unfair dismissal. It awarded £32,006.30 and stated that tax at 20% should be deducted on £2,006.30. | Upheld | — | £32,006 |
Remedy
Monetary award- Total award
- £42,714
- across all upheld claims
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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