Case 1401163/2023 · Employment Tribunal
Mr J A Bermudez Gil v Jam Jar Cornwall Limited — 2023
- Case reference
- 1401163/2023
- Decision date
- 16 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Byrne Representation
Parties
2 namedClaimant
Mr J A Bermudez Gil
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting at Brighton by CVP on 21 July 2023, proceeded in the respondent's absence under Rule 47 after Jam Jar Cornwall Limited failed to attend or be represented. It found that the respondent had made unauthorised deductions from the claimant's wages, that the holiday pay claim succeeded, and that the claim for failure to give a statement of employment particulars also succeeded.
On remedy, the tribunal recorded that all figures were net amounts. For unauthorised deductions from wages, it accepted the figures of £36,722 salary, £32,000 received, £3,700 tips owed and £3,672 loyalty bonus, arriving at a subtotal of £12,094 net. Holiday pay was calculated at 3.26 weeks x £1,210.74, giving £3,947.01 net. For the failure to give a statement of employment particulars, the award was four weeks' pay at £1,210.74, giving £4,842.96 net.
The grand total payable forthwith was £20,883.97.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages and awarded £12,094 net, made up of £4,722 unpaid salary after £32,000 had been received, plus £3,700 tips owed and £3,672 loyalty bonus. | Upheld | — | £12,094 |
| Holiday pay | Holiday pay succeeded and was quantified as 3.26 weeks at £1,210.74, producing £3,947.01 net. | Upheld | — | £3,947 |
| Other | The claim for failure to give a statement of employment particulars succeeded and the tribunal awarded four weeks' pay at £1,210.74 per week, totalling £4,842.96 net. | Upheld | — | £4,843 |
Remedy
Monetary award- Total award
- £20,884
- 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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