Case 1303283/2023 · Employment Tribunal
Ms Nicola Harris v Alvechurch Cafe Morso Ltd, trading as Café Morso [company number 10649617] — 2023
- Case reference
- 1303283/2023
- Decision date
- 13 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Camp Appearances
- Venue
- Birmingham
Parties
2 namedClaimant
Ms Nicola Harris
Key findings
Tribunal's reasoningThis was a Rule 21 hearing before Employment Judge Camp in Birmingham on 13 October 2023, with the Claimant appearing in person by CVP and no appearance for the Respondent. Andy (Andrew) Rance was removed as a respondent, and the remaining respondent was named as Alvechurch Cafe Morso Ltd, trading as Café Morso.
The tribunal upheld the Claimant's claim for unlawful deductions from wages. It found that the Respondent had made unauthorised deductions totalling £1,331.29, made up of £635.84 shown on wage slips but not actually paid, plus £695.45 that the Respondent had told HMRC it had paid when it had not in fact done so.
The tribunal also upheld the Claimant's Working Time Regulations claim and awarded £1,003.20 for accrued but untaken annual leave on termination, calculated as 17.6 days at £57 per day. In addition, because the Respondent was in breach of section 1(1) of the Employment Rights Act 1996 when the proceedings were begun, the tribunal ordered payment of two weeks' pay under section 38 of the Employment Act 2002, assessed at £570. The total award was £2,904.49.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages totalling £1,331.29, comprising £635.84 shown on wage slips but not paid and £695.45 the Respondent had told HMRC it had paid but had not in fact paid. | Upheld | — | £1,331 |
| Working time regulations | The tribunal awarded compensation for accrued but untaken annual leave on termination under the Working Time Regulations 1998, calculated as 17.6 days at £57 per day. | Upheld | — | £1,003 |
| Other | The tribunal recorded that, when the proceedings were begun, the Respondent was in breach of section 1(1) of the Employment Rights Act 1996 and made an award of two weeks' pay under section 38 of the Employment Act 2002. | Upheld | — | £570 |
Remedy
Monetary award- Total award
- £2,904
- across all upheld claims
Legal tests applied
3 references- section 1(1) Employment Rights Act 1996
- section 38 Employment Act 2002
- Working Time Regulations 1998
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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