Case 1304042/2023 · Employment Tribunal
Mr J Santaleza v Sky Elevators Ltd — 2024
- Case reference
- 1304042/2023
- Decision date
- 5 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fitzgerald Representation
- Venue
- Midlands West
Parties
2 namedClaimant
Mr J Santaleza
Respondent
Key findings
Tribunal's reasoningAt the Midlands West Employment Tribunal, Employment Judge Fitzgerald held that the claimant's unlawful deduction from wages claim succeeded in part. The tribunal found that £726 had been deducted from wages, but £150 of that was authorised, so the respondent was ordered to pay the balance of £576.
The claimant's notice pay claim succeeded and he was awarded £2,916.67 gross. His claim for failure to issue a statement of particulars of employment under section 1 Employment Rights Act 1996 also succeeded, and the tribunal awarded him 2 weeks' pay of £1,346.
The overtime claim was dismissed. At the outset of the hearing the claimant said he did not wish to proceed with his holiday pay and expenses claims, and those claims were dismissed upon withdrawal.
The respondent's counterclaim for breach of contract succeeded in part. The tribunal ordered the claimant to pay £75 in relation to a parking fine and £168.28 gross in relation to overpaid holiday pay. The judgment also directed the claimant to liaise with HMRC about the taxable treatment of the payments stated as gross, where applicable.
Claims and outcomes
7 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 |
|---|---|---|---|---|
| Unlawful deduction from wages | Successful in part: the respondent deducted £726 from wages and £150 was authorised, so £576 was ordered. | Upheld | — | £576 |
| Breach of contract | Notice pay was awarded in the sum of £2,916.67 gross. | Upheld | — | £2,917 |
| Other | Claim under section 1 Employment Rights Act 1996; the claimant was awarded 2 weeks' pay of £1,346. | Upheld | — | £1,346 |
| Working time regulations | Overtime claim dismissed. | Dismissed | — | — |
| Holiday pay | Claim withdrawn at the outset of the hearing and dismissed upon withdrawal. | Withdrawn | — | — |
| Other | Expenses claim withdrawn at the outset of the hearing and dismissed upon withdrawal. | Withdrawn | — | — |
| Breach of contract | Respondent's counterclaim succeeded in part: £75 for a parking fine and £168.28 gross for overpaid holiday pay. |
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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