Case 1600972/2023 · Employment Tribunal
Miss Jena Mawby v Llanharan Service Station — 2023
- Case reference
- 1600972/2023
- Decision date
- 2 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge J Bromige Representation
- Venue
- Wales ET
Parties
2 namedClaimant
Miss Jena Mawby
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld the claimant's Working Time Regulations claim for accrued but untaken holiday pay. It found that Miss Mawby had worked 36 weeks for the respondent, had an average weekly wage of £279.60, accrued 19 days of holiday entitlement (3.8 weeks), and had already been paid £289.30 for holiday taken. That left a balance of £773.18 gross unpaid at the end of her employment on 4 May 2023, which the respondent was ordered to pay.
The claimant's unlawful deduction of wages claim based on incorrect mileage failed. The tribunal held that expenses are expressly excluded from section 13 ERA 1996 by section 27(2) ERA 1996, so the mileage complaint was not well founded.
The tribunal also found that the respondent had failed to provide written particulars of employment as required by section 1 ERA 1996. Applying section 38 EA 2002 and Schedule 5, it awarded two weeks' pay, using the claimant's weekly pay of £228.00, which produced an award of £456.00. The total award was £1,229.18, recoupment did not apply, and the holiday pay element was awarded gross with tax and employee national insurance to be dealt with by the claimant if due.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Working time regulations | Claim succeeded under Regulations 14 and 30 of the Working Time Regulations 1998. The tribunal found the claimant had an average weekly wage of £279.60 over 36 weeks, accrued 19 days (3.8 weeks) of holiday, and had been paid £289.30 for holiday taken, leaving £773.18 gross unpaid at termination on 4 May 2023. | Upheld | — | £773 |
| Unlawful deduction from wages | The mileage-based unlawful deduction claim was not well founded because expenses are excluded from section 13 ERA 1996 by section 27(2) ERA 1996. | Dismissed | — | — |
| Other | The tribunal found the respondent failed to provide written particulars of employment required by section 1 ERA 1996 and made a statutory award under section 38 EA 2002 and Schedule 5. The award was two weeks' pay, calculated at £228 per week. | Upheld | — | £456 |
Remedy
Monetary award- Total award
- £1,229
- across all upheld claims
Legal tests applied
5 references- Regulations 14 and 30 Working Time Regulations 1998
- s.13 ERA 1996
- s.27(2) ERA 1996
- s.1 ERA 1996
- s.38 EA 2002 and Schedule 5
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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