Case 1803586/2019 · Employment Tribunal
Miss R Duffill v Greek Classic Gyros Limited AT A HEARING — 2020
- Case reference
- 1803586/2019
- Decision date
- 7 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Hulls
Parties
2 namedClaimant
Miss R Duffill
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Greek Classic Gyros Limited had made an unauthorised deduction from Miss Duffill's wages by failing to pay sums due on termination on 15 June 2019 when they fell due. It noted that those sums were paid on 15 July 2019, so there was no order for compensation under section 24(1)(a) of the Employment Rights Act 1996 and that part of the claim was dismissed upon withdrawal. The tribunal nevertheless ordered £298.47 under section 24(2) of the 1996 Act to compensate for financial loss caused by the late payment.
The tribunal also found that Miss Duffill was unfairly dismissed. It awarded a basic award of £262.72, loss of earnings of £4,072.16 for 31 weeks from 1 July 2019 to 31 January 2020, and £300 for loss of statutory rights. It also increased the compensatory award by 7.5% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary Procedures.
The tribunal applied the Employment Protection (Recoupment of Benefits) Regulations 1996 to the unfair dismissal award and recorded a total monetary award of £4,962.79, a prescribed element of £3,546.72 for 1 July 2019 to 6 January 2020, and an excess of £1,416.07. The overall monetary orders in the judgment therefore comprised the unfair dismissal award and the separate £298.47 award on the wages claim.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal declared an unauthorised deduction from wages in relation to sums due on termination on 15 June 2019. It said there was no order under section 24(1)(a) because the sums were paid on 15 July 2019, but it awarded £298.47 under section 24(2) for financial loss from the late payment. | Upheld | — | £298 |
| Unfair dismissal | The tribunal found the dismissal unfair and awarded a basic award, loss of earnings, loss of statutory rights and a 7.5% uplift under section 207A. The unfair dismissal award was separate from the £298.47 wages award. | Upheld | — | £4,963 |
Remedy
Monetary award- Total award
- £5,261
- across all upheld claims
- Basic award
- £263
- statutory, unfair dismissal
- Compensatory award
- £4,700
- compensatory remedy recorded
Legal tests applied
5 references- s.24(1)(a) Employment Rights Act 1996
- s.24(2) Employment Rights Act 1996
- s.207A Trade Union and Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice on Disciplinary Procedures
- Employment Protection (Recoupment of Benefits) Regulations 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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