Case 1310163/2021 · Employment Tribunal
Ms N Niknejad v Hotel Management Services Limited and and 1 other — 2022
- Case reference
- 1310163/2021
- Decision date
- 7 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fitzgerald Representation
- Venue
- Midlands West
Parties
3 namedClaimant
Ms N Niknejad
Key findings
Tribunal's reasoningThe tribunal held that the Claimant’s employment transferred to the Second Respondent, Hotelwala Limited, under the Transfer of Undertakings (Protection of Employment) Regulations 2006 in June 2020, so Hotelwala Limited was the correct respondent to the claim. The judgment then determined the individual pay claims arising out of the termination and the employment relationship.
The Claimant succeeded in her wrongful dismissal claim for notice pay, with £297.50 ordered, and in her holiday pay claim, with £2,558.50 ordered. The tribunal also found that the Claimant had not been provided with a written statement of particulars when the proceedings commenced and made an award of 4 weeks' pay, recorded as £1,190.
The unlawful deduction of wages claim was only partly successful. The aspect alleging an underpayment on 14 April 2020 was dismissed because it was lodged out of time and the tribunal found it was reasonably practicable for that aspect to have been lodged in time. The separate element relating to unpaid furlough pay succeeded, and the Second Respondent was ordered to pay £1,189.50 net wages. The judgment also states that the Second Respondent may deduct any necessary sums for tax and national insurance from the notice pay and holiday pay awards.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Notice pay claim succeeded; the Second Respondent was ordered to pay £297.50. | Upheld | — | £298 |
| Holiday pay | Holiday pay claim succeeded; the Second Respondent was ordered to pay £2,558.50. | Upheld | — | £2,559 |
| Unlawful deduction from wages | The claim was partly successful. The alleged underpayment on 14 April 2020 was found to be out of time and dismissed because it was reasonably practicable to bring it in time, but the claim for unpaid furlough pay succeeded and £1,189.50 net wages was ordered. | Other | — | £1,190 |
| Other | The tribunal found the Claimant had not been provided with a written statement of particulars when the proceedings commenced and made an award of 4 weeks' pay, stated as £1,190. | Upheld | — | £1,190 |
Remedy
Monetary award- Total award
- £5,236
- 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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