Case 1601996/2021 · Employment Tribunal
Mr Miguel Angel Garcia v Truffle Lanz Ltd T/A Santiagos Tapas — 2023
- Case reference
- 1601996/2021
- Decision date
- 4 April 2023
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr Miguel Angel Garcia
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting alone at Cardiff by CVP on 28-30 March 2023, held that it had no jurisdiction to consider the claim for unpaid accrued holiday pay for 14 January 2019 to 17 August 2019 because it was reasonably practicable to bring the claim within the statutory time limit and it was not presented within any further time the tribunal considered reasonable under s.23(4) Employment Rights Act 1996. It dismissed the Claimant's automatic unfair dismissal claim.
The tribunal upheld the remaining monetary claims. It found the claim for unpaid accrued holiday pay well founded and awarded £800.41 gross, found the unpaid statutory sick pay claim well founded and awarded £96.35 gross, and found the unlawful deduction of wages claim well founded and awarded £353.72. It also found the failure to provide a written statement of particulars of employment well founded and awarded £1,386, producing a total award of £2,636.48.
Claims and outcomes
6 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 |
|---|---|---|---|---|
| Holiday pay | The tribunal held that it had no jurisdiction to consider the claim for unpaid accrued holiday pay for 14.01.19-17.08.19 because it was reasonably practicable to present it within the statutory time limit and it was not brought within any further reasonable period under s.23(4) Employment Rights Act 1996. | Other | — | — |
| Holiday pay | Unpaid accrued holiday pay was found well founded; the Respondent was ordered to pay £800.41 gross. | Upheld | — | £800 |
| Other | The claim for unpaid statutory sick pay was found well founded; the Respondent was ordered to pay £96.35 gross. | Upheld | — | £96 |
| Unlawful deduction from wages | The claim for unlawful deduction of wages was found well founded; the Respondent was ordered to pay £353.72. | Upheld | — | £354 |
| Unfair dismissal | The Claimant's automatic unfair dismissal claim was dismissed. | Dismissed | — | — |
| Other | The claim for failure to provide a written statement of particulars of employment was found well founded; the Respondent was ordered to pay £1,386. |
Remedy
Monetary award- Total award
- £2,636
- across all upheld claims
Legal tests applied
1 reference- s.23(4) Employment Rights Act 1996
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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