Case 6022075/2024 · Employment Tribunal
Mr S Smith v CA Seafoods (Norfolk) Ltd — 2025
- Case reference
- 6022075/2024
- Decision date
- 24 September 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McCooey REPRESENTATION
Parties
2 namedClaimant
Mr S Smith
Respondent
Key findings
Tribunal's reasoningOn 22 September 2025 at Cambridge by CVP, Employment Judge McCooey found the complaint of breach of contract in relation to notice pay was well-founded. The tribunal awarded the claimant £605.77 damages, calculated using gross pay to reflect the likelihood that tax would be due as Post Employment Notice Pay.
The tribunal also upheld the holiday pay complaint. It held that the respondent made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when the claimant's employment ended, and awarded £865.39; the judgment states the claimant is responsible for any tax or National Insurance on that sum.
The respondent was found to have been in breach of its duty to provide a written statement of employment particulars when the proceedings began. The tribunal said there were no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable, and under section 38 Employment Act 2002 ordered payment of £1,438. The complaint about written itemised pay statements was dismissed, and the automatic unfair dismissal complaint was dismissed upon withdrawal by the claimant. The total gross award was £2,909.16, payable within 14 days.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay claim; damages were calculated using gross pay to reflect the likelihood that tax would be due as Post Employment Notice Pay. | Upheld | — | £606 |
| Unlawful deduction from wages | Holiday pay complaint; the tribunal held the respondent made an unauthorised deduction from wages by failing to pay for holidays accrued but untaken when employment ended. | Upheld | — | £865 |
| Other | Failure to provide a written statement of employment particulars; the award was made under section 38 Employment Act 2002. | Upheld | — | £1,438 |
| Other | Complaint of failure to provide written itemised pay statements. | Dismissed | — | — |
| Unfair dismissal | Automatic unfair dismissal complaint dismissed upon withdrawal by the claimant. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £2,909
- across all upheld claims
Legal tests applied
1 reference- 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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