Case 1801438/2020 · Employment Tribunal
Mr M Ciobanu v Active Response Security Services Ltd PRELIMINARY HEARING BY TELEPHONE — 2020
- Case reference
- 1801438/2020
- Decision date
- 5 May 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Davies Appearances
- Venue
- By telephone
Parties
2 namedClaimant
Mr M Ciobanu
Key findings
Tribunal's reasoningThe hearing took place by telephone on 5 May 2020 under Rule 21. The claimant, Mr M Ciobanu, appeared in person. The respondent did not attend and had not communicated with the tribunal. The judge had the claim form and further information from the claimant, and determined the matter on that material.
The tribunal found that the claimant’s claim for payment in lieu of holiday accrued but untaken at the end of employment was well-founded and succeeded. The award for that claim was £69.79, calculated as 8.5 hours at £8.21 per hour.
The tribunal also found that, when the proceedings began, the respondent was in breach of its duty to give the claimant a written statement of employment particulars. The judge said there were no exceptional circumstances making it unjust or inequitable to make the minimum award under section 38 of the Employment Act 2002, but nothing to justify a four-week award. The tribunal therefore awarded two weeks’ pay, assessed at £565.46, based on 275.5 hours worked in eight weeks at £8.21 per hour, with one week’s pay calculated at £282.73.
The total award was £635.25, made up of the holiday pay sum and the section 38 award. No other remedy components were identified in the judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Failure to pay in lieu of holiday accrued but not taken when employment ended; the award was calculated as 8.5 hours at £8.21 per hour. | Upheld | — | £70 |
| Other | Award under section 38 Employment Act 2002 for failure to give the claimant a written statement of employment particulars; the tribunal awarded the minimum of two weeks' pay and declined to award four weeks' pay. | Upheld | — | £565 |
Remedy
Monetary award- Total award
- £635
- across all upheld claims
Legal tests applied
2 references- Rule 21
- section 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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