Case 3331650/2018 · Employment Tribunal
Mr Robin Smith v BAP Transport Limited (in Administration) and 1 other — 2019
- Case reference
- 3331650/2018
- Decision date
- 13 December 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Warren Representation
- Venue
- Bury St Edmunds
Parties
3 namedClaimant
Mr Robin Smith
Key findings
Tribunal's reasoningThe Tribunal made a protective award in respect of employees dismissed as redundant on or after 5 June 2018. It ordered the employer to pay remuneration for a protected period beginning on 5 June 2018 and lasting 90 days.
The claimant's claims for redundancy payment, notice pay as breach of contract, and arrears of pay succeeded. The Tribunal found the claimant's gross weekly wage under his contract, applying section 222, was £540, and calculated the balances due after sums already received from the Secretary of State.
The holiday pay and unfair dismissal claims were withdrawn by the claimant and dismissed on withdrawal.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award made for employees dismissed as redundant on or after 5 June 2018, for a protected period of 90 days beginning on 5 June 2018. The judgment does not quantify the award for the claimant individually. | Upheld | — | — |
| Redundancy | Award stated as £15,240 less £12,761.40 already received from the Secretary of State, leaving £2,478.60 due from the First Respondent. | Upheld | — | £2,479 |
| Breach of contract | Notice pay award stated as £6,480 less £5,104.56 already received from the Secretary of State, leaving £1,375.44 due from the First Respondent. | Upheld | — | £1,375 |
| Unlawful deduction from wages | Arrears of pay for 8 days worked between 21 May and 5 June 2018, stated as £1,440 gross less £217.71 already received from the Secretary of State, leaving £1,222.29 due from the First Respondent. | Upheld | — | £1,222 |
| Holiday pay | The claimant withdrew the holiday pay claim, which was dismissed on withdrawal. | Withdrawn | — | — |
| Unfair dismissal | The claimant withdrew the unfair dismissal claim, which was dismissed on withdrawal. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £5,076
- across all upheld claims
Legal tests applied
1 reference- section 222 (hours of work varied)
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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