Case 1300075/2023 · Employment Tribunal
Tomas Mikalajunas v Kumar Freight Line Ltd — 2024
- Case reference
- 1300075/2023
- Decision date
- 13 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Chivers Representation
- Venue
- Midlands West
Parties
2 namedClaimant
Tomas Mikalajunas
Respondent
Key findings
Tribunal's reasoningAt the hearing on 13 May 2024 before Employment Judge Chivers, the tribunal upheld the claimant Tomas Mikalajunas's complaint of breach of contract in relation to notice pay against Kumar Freight Line Ltd. The tribunal ordered the respondent to pay £900 as damages for breach of contract, calculated on a gross basis because the judge considered the claimant was likely to be taxed on it as Post Employment Notice Pay.
The tribunal also upheld the complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996. It found deductions were made in respect of £200 wages for work between 17 October and 21 October 2022, £900 for work in the week commencing 7 November 2022, £1,100 for work in the week commencing 14 November 2022, and £7,866 in holiday pay. The respondent was ordered to pay the gross sum of £10,066 in respect of those deductions.
The judgment records no separate award for injury to feelings, interest, or any other remedy. The total monetary award in the judgment was therefore £10,966, made up of £900 for breach of contract and £10,066 for unlawful deductions from wages.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay claim was well founded. Damages were calculated using gross pay to reflect the likelihood that the claimant would be taxed on it as Post Employment Notice Pay. | Upheld | — | £900 |
| Unlawful deduction from wages | The tribunal found unauthorised deductions from pay under Part II Employment Rights Act 1996, comprising £200 for 17-21 October 2022, £900 for week commencing 7 November 2022, £1,100 for week commencing 14 November 2022, and £7,866 holiday pay. | Upheld | — | £10,066 |
Remedy
Monetary award- Total award
- £10,966
- 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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