Case 1402635/2020 · Employment Tribunal
The Second Claimant v South Coast Dining Ltd — 2021
- Case reference
- 1402635/2020
- Decision date
- 31 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Smail Appearances
- Venue
- Exeter
Parties
2 namedClaimant
The Second Claimant
Respondent
Key findings
Tribunal's reasoningThe tribunal heard the matter by video on 13 December 2021 and the respondent did not appear. It found the First Claimant's claims for unauthorised deductions from earnings, unpaid holiday pay and breach of contract were well-founded. The First Claimant was awarded £11,695.20, made up of unpaid wages, unpaid holiday pay, unpaid pension contributions, unpaid furlough pay and one week's notice pay.
The tribunal also found the Second Claimant's claims for unauthorised deductions from earnings, unpaid holiday pay, breach of contract and unfair dismissal were well-founded. It recorded that he did not make any protected disclosures and was not dismissed for having made any. The Second Claimant was awarded £16,144.71, including a basic award of £1,076, £500 for loss of statutory rights and £8,728.14 for loss of earnings after deductions for benefits.
The Third Claimant's claims for unauthorised deductions from earnings, unpaid holiday pay and breach of contract were also well-founded. He was awarded £4,034.42. The tribunal ordered the respondent to pay each claimant within 7 days.
Claims and outcomes
10 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | First Claimant; included unpaid wages, unpaid pension contributions and unpaid furlough monies. | Upheld | — | £9,820 |
| Holiday pay | First Claimant; 15 days taken but unpaid. | Upheld | — | £1,405 |
| Breach of contract | First Claimant; failure to pay one week's notice pay. | Upheld | — | £470 |
| Unlawful deduction from wages | Second Claimant; included unpaid wages for March 2020 and unpaid pension contributions. | Upheld | — | £4,291 |
| Holiday pay | Second Claimant; accrued but untaken holiday pay. | Upheld | — | £600 |
| Breach of contract | Second Claimant; failure to pay two weeks' notice. | Upheld | — | £950 |
| Unfair dismissal | Second Claimant; the tribunal also found he did not make any protected disclosures and was not dismissed for having made any. Award comprised a basic award of £1,076, £500 for loss of statutory rights, and £8,728.14 for loss of earnings less benefits. |
Remedy
Monetary award- Total award
- £31,874
- across all upheld claims
- Basic award
- £1,076
- statutory, unfair dismissal
- Compensatory award
- £9,228
- compensatory remedy recorded
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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