Case 1306166/2024 · Employment Tribunal
Mr L Kesse v Miss Victoria Cullen t/a Origin Bar and Restaurant — 2025
- Case reference
- 1306166/2024
- Decision date
- 15 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hindmarch Appearances
- Venue
- Heard at Midlands West
Parties
2 namedClaimant
Mr L Kesse
Key findings
Tribunal's reasoningThe tribunal held that the complaint of unauthorised deductions from wages was well-founded. It found that Miss Victoria Cullen t/a Origin Bar and Restaurant had made an unauthorised deduction from Mr L Kesse's wages in the sum of £28.60 and ordered payment of that gross amount, with Mr Kesse responsible for any tax or National Insurance due on it.
The tribunal also found that, when the proceedings were begun, the respondent was in breach of its duty to provide Mr Kesse with a written statement of employment particulars. It recorded that there were no exceptional circumstances making an award of an amount equal to two weeks' gross pay unjust or equitable, and that it was not just and equitable to make an award of an amount equal to four weeks' gross pay. In accordance with s.38 Employment Act 2002, the respondent was ordered to pay £160.10.
The judgment was signed by Employment Judge Hindmarch on 15 January 2025 after a hearing on 14 January 2025 at Midlands West by CVP. The correct respondent name was recorded as Miss Victoria Cullen t/a Origin Bar and Restaurant.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages in the sum of £28.60 and ordered payment of the gross sum deducted. | Upheld | — | £29 |
| Other | The tribunal found the respondent was in breach of its duty to provide a written statement of employment particulars when proceedings were begun and made an award under s.38 Employment Act 2002 of £160.10. | Upheld | — | £160 |
Remedy
Monetary award- Total award
- £189
- across all upheld claims
Legal tests applied
2 references- s.38 Employment Act 2002
- just and equitable
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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