Case 4111324/2021 · Employment Tribunal
Mr. M Smith v Simon Creamer trading as — 2021
- Case reference
- 4111324/2021
- Decision date
- 29 November 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge B Beyzade
Parties
2 namedClaimant
Mr. M Smith
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the claimant’s complaint of breach of contract in respect of failure to pay notice pay was well-founded. It ordered the respondent to pay £257.24 gross, with tax and national insurance to be deducted if the respondent intimated those deductions in writing and remitted them to HMRC.
The tribunal also found that the complaint of unauthorised deduction from wages in respect of holiday pay between 11 November 2020 and 28 June 2021 was well-founded. It ordered payment of £406.88 gross, described in the judgment as £906.88 less £500.00 already paid by the respondent on 02 July 2021, again subject to tax and national insurance deductions if intimated and remitted as required.
The judgment also records that the respondent was correctly designated as Simon Creamer trading as Carmelean Accident Repair Centre, and directs the Tribunal Clerk to amend the paper and electronic records accordingly. Oral reasons were given at the end of the CVP hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Complaint in respect of failure to pay notice pay was found well-founded. The award was ordered gross, subject to tax and national insurance deductions if intimated in writing and remitted to HMRC. | Upheld | — | £257 |
| Unlawful deduction from wages | Complaint in respect of holiday pay between 11 November 2020 and 28 June 2021 was found well-founded. The judgment states this sum is £906.88 less £500.00 already paid on 02 July 2021, and the award is gross subject to tax and national insurance deductions if intimated in writing and remitted to HMRC. | Upheld | — | £407 |
Remedy
Monetary award- Total award
- £664
- 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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