Case 1402039/2021 · Employment Tribunal
Miss S Gill v 1) Bruce Barton 2) David Ford T/A Exquisite Catering with Class — 2023
- Case reference
- 1402039/2021
- Decision date
- 8 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mr G.
- Venue
- Bristol ET
- Panel members
- Mr K. Ghotbi-Ravandi, Mr H. Launder
Parties
2 namedClaimant
Miss S Gill
Key findings
Tribunal's reasoningAt the hearing on 20-22 February 2023, the tribunal dealt with claims by Miss S Gill against Bruce Barton and David Ford t/a Exquisite Catering with Class. The respondents succeeded in striking out the claim for unauthorised deductions said to relate to a £381.00 tax rebate. The tribunal also struck out the claim about itemised payslips: payslips before 10 February 2021 were out of time, and the claim for March and April 2021 had no reasonable prospects of success. The respondents' strike-out application on holiday pay was refused, but the holiday pay claim was later dismissed as not well founded.
The claimant succeeded on the national minimum wage unlawful deduction claim, which the tribunal found to be well founded, and on the claim for failure to provide a written contract under Employment Act 2002 s.38. The tribunal awarded £1,409.55 for the national minimum wage claim and £261.60 for the written contract claim, making a total of £1,671.15 payable by the respondents. The claimant's claims for unfair dismissal, wrongful dismissal, and harassment related to sex were dismissed.
Claims and outcomes
8 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 | Claim for unauthorised deductions in relation to a £381.00 tax rebate was struck out for no reasonable prospects of success. | Struck out | — | — |
| Working time regulations | Holiday pay claim under the Working Time Regulations 1998 was not well founded and was dismissed; the strike-out application had been refused. | Dismissed | — | — |
| Other | Claim for failure to provide itemised payslips was struck out; payslips before 10 February 2021 were out of time and the March and April 2021 claim had no reasonable prospects of success. | Struck out | — | — |
| Unlawful deduction from wages | Claim for failure to pay the National Minimum Wage was well founded; the respondents were ordered to pay £1,409.55. | Upheld | — | £1,410 |
| Unfair dismissal | Claim not well founded and dismissed. | Dismissed | — | — |
| Wrongful dismissal | Breach of contract claim not well founded and dismissed. | Dismissed |
Remedy
Monetary award- Total award
- £1,671
- across all upheld claims
Legal tests applied
3 references- Employment Rights Act 1996 s.94
- Equality Act 2010 s.26
- Employment Act 2002 s.38
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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