Case 1303338/2022 · Employment Tribunal
1. Mr C Birdi 2. Mr H Gill v JS Property Management Solutions Ltd. — 2023
- Case reference
- 1303338/2022
- Decision date
- 13 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Connolly
- Venue
- Birmingham
Parties
2 namedClaimant
1. Mr C Birdi 2. Mr H Gill
Respondent
Key findings
Tribunal's reasoningThe tribunal sat in Birmingham by CVP on 13 February 2023 before Employment Judge Connolly sitting alone. The respondent did not attend or present a response, and the judgment records that the claim was not contested. The tribunal first decided that it was not reasonably practicable for either claimant to present their claim within the statutory time period in the circumstances of the case, and that the claims were presented within a reasonable period thereafter, so they were permitted to proceed.
On the merits, the tribunal found that the respondent made unauthorised deductions from Mr C Birdi’s wages for the period 11 October 2021 to 29 December 2021. It ordered the respondent to pay him £1,241.20 in respect of those deductions.
The tribunal made the same finding for Mr H Gill, holding that the respondent made unauthorised deductions from his wages for the same period. It ordered payment of £1,458.35 in respect of those deductions. The tribunal also found that the respondent failed to pay Mr Gill for holiday accrued but not taken at the termination of his employment, and ordered payment of £169.95 for 20.7 hours of accrued holiday.
The judgment states that the sums are payable gross and that each claimant is responsible for any income tax or employee national insurance contributions payable on them. No other remedy is recorded in the judgment.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The respondent made unauthorised deductions from the first claimant’s wages for 11 October 2021 to 29 December 2021. The claim was allowed to proceed despite late presentation because it was not reasonably practicable to present it within the statutory time limit and it was presented within a reasonable period thereafter. | Upheld | — | £1,241 |
| Unlawful deduction from wages | The respondent made unauthorised deductions from the second claimant’s wages for 11 October 2021 to 29 December 2021. The claim was allowed to proceed despite late presentation because it was not reasonably practicable to present it within the statutory time limit and it was presented within a reasonable period thereafter. | Upheld | — | £1,458 |
| Holiday pay | The respondent failed to pay the second claimant for 20.7 hours of holiday accrued but not taken at termination. The claim was allowed to proceed despite late presentation because it was not reasonably practicable to present it within the statutory time limit and it was presented within a reasonable period thereafter. | Upheld | — | £170 |
Remedy
Monetary award- Total award
- £2,870
- across all upheld claims
Legal tests applied
2 references- not reasonably practicable
- reasonable period thereafter
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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