Case 1405118/2023 · Employment Tribunal
Mr R Oancea v Devon Customs Limited — 2024
- Case reference
- 1405118/2023
- Decision date
- 26 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge J Bax Representation
- Venue
- Bristol
Parties
2 namedClaimant
Mr R Oancea
Respondent
Key findings
Tribunal's reasoningThe hearing took place by video at Bristol Employment Tribunal on 12 March 2024 before Employment Judge J Bax. The Claimant, Mr R Oancea, appeared in person with an interpreter; the Respondent, Devon Customs Limited, did not attend. The Claimant withdrew his race discrimination claim, which was dismissed on that basis.
The tribunal found that there had been an unlawful deduction from the Claimant's wages and ordered the Respondent to pay £833.60 gross. It also awarded an additional £300 under s.24(2) of the Employment Rights Act 1996 for financial loss caused by the failure to pay wages.
The tribunal further found that the Respondent had failed to provide the Claimant with an initial statement of employment particulars under s.1 ERA 1996, and considered it just and equitable to increase the award from 2 to 4 weeks' pay, ordering the Respondent to pay £1,667.80 pursuant to s.38 of the Employment Act 2002. The total sum ordered was £2,800.80.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Dismissed upon withdrawal by the Claimant. | Withdrawn | Race | — |
| Unlawful deduction from wages | Well founded; Respondent ordered to pay £833.60 gross. An additional £300 was awarded under s.24(2) ERA 1996 for financial loss caused by the failure to pay wages. | Upheld | — | £834 |
| Other | Failure to provide an initial statement of employment particulars under s.1 ERA 1996; award increased from 2 to 4 weeks' pay under s.38 Employment Act 2002 (£1,667.80). | Upheld | — | £1,668 |
Remedy
Monetary award- Total award
- £2,801
- across all upheld claims
Legal tests applied
3 references- s.24(2) Employment Rights Act 1996
- s.1 Employment Rights Act 1996
- s.38 Employment Act 2002
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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