Case 6026774/2025 · Employment Tribunal
P Smith v A S Major Engineering Limited — 2026
- Case reference
- 6026774/2025
- Decision date
- 21 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Batten
Parties
2 namedClaimant
P Smith
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld P Smith's complaint of unauthorised deductions from wages and ordered A S Major Engineering Limited to pay £4,692 gross for unpaid wages due when his employment ended. It also upheld his holiday pay complaint and awarded £1,294.38 gross for accrued outstanding holiday entitlement. Both sums were stated to be subject to tax and national insurance.
The tribunal upheld the breach of contract complaint concerning expenses and awarded £284.40 for outstanding unpaid expenses. It also found that, when proceedings began, the respondent was in breach of its duty to provide a written statement of employment particulars. Finding no exceptional circumstances that would make the award unjust or inequitable, the tribunal awarded £1,692, equal to two weeks' gross pay, under section 38 of the Employment Act 2002. The awards total £7,962.78. The judgment stated that statutory interest would apply if the award remained wholly or partly unpaid after the specified period, but it did not quantify any interest.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Awarded gross, subject to tax and national insurance, for unpaid wages due at the termination of employment. | Upheld | — | £4,692 |
| Holiday pay | Awarded gross, subject to tax and national insurance, for accrued outstanding holiday entitlement due at the termination of employment. | Upheld | — | £1,294 |
| Breach of contract | Awarded for outstanding unpaid expenses. | Upheld | — | £284 |
| Other | The respondent was in breach of its duty to provide a written statement of employment particulars when proceedings began. The tribunal made an award equal to two weeks' gross pay under section 38 of the Employment Act 2002. | Upheld | — | £1,692 |
Remedy
Monetary award- Total award
- £7,963
- across all upheld claims
Legal tests applied
2 references- section 38 of the Employment Act 2002
- no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable
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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