Case 1805450/2018 · Employment Tribunal
Mrs J Grodzinska v R1: Clarriots Care R2: James Willian Carrant R3: JWC Trading Limited — 2018
- Case reference
- 1805450/2018
- Decision date
- 21 September 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Maidment Date
Parties
2 namedClaimant
Mrs J Grodzinska
Key findings
Tribunal's reasoningThis was a Rule 21 judgment issued after the time for presenting a response had expired and no response had been presented. On the material before the Employment Judge, the claim succeeded on all three substantive heads pleaded in the judgment.
The tribunal found an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996 and ordered payment of £349.30. It also found a breach of contract claim under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 and ordered damages of £600.74. In addition, it upheld the Working Time Regulations 1998 claim under regulations 13, 14 and 30 in respect of payment for leave taken or in lieu of accrued but untaken leave, and ordered £316.
The tribunal then applied section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because it considered that the respondent had failed to comply with a relevant part of ACAS Code of Practice 1 (Disciplinary and grievance procedures 2009). The awards in paragraphs 1 to 3 were increased by 25%, producing an uplift of £316.51 and a total award of £1,582.55.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Complaint under section 13 ERA 1996 succeeded; the respondents were ordered to pay the amount deducted. The awards in paragraphs 1-3 were then increased by 25% under section 207A TULR(C)A 1992, so this base sum was uplifted as part of the final total. | Upheld | — | £349 |
| Breach of contract | Complaint for recovery of damages under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 succeeded. The paragraph 4 ACAS uplift applied to this award as part of the overall 25% increase. | Upheld | — | £601 |
| Holiday pay | Complaint under regulations 13, 14 and 30 of the Working Time Regulations 1998 succeeded in respect of payment for leave taken or in lieu of accrued but untaken leave. The paragraph 4 ACAS uplift applied to this award as part of the overall 25% increase. | Upheld | — | £316 |
Remedy
Monetary award- Total award
- £1,583
- across all upheld claims
Legal tests applied
5 references- section 13 Employment Rights Act 1996
- Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994
- regulations 13, 14 and 30 Working Time Regulations 1998
- section 207A Trade Union and Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice 1 (Disciplinary and grievance procedures 2009)
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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