Case 1806341/2019 · Employment Tribunal
(1) Mrs Agnieszka Kostecka (2) Mr Grzegorz Kostecki v Orion To Go Ltd — 2020
- Case reference
- 1806341/2019
- Decision date
- 5 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge RS Drake
- Venue
- Leeds
Parties
2 namedClaimant
(1) Mrs Agnieszka Kostecka (2) Mr Grzegorz Kostecki
Respondent
Key findings
Tribunal's reasoningThe respondent did not file an ET3 or attend the hearing, so the tribunal proceeded on the claimants' evidence given through an official interpreter. It preferred their version of events and the calculations of the sums due.
For the first claimant, the tribunal found that accrued pay had not been fully discharged contrary to section 13 of the Employment Rights Act 1996 up to 12 September 2019, after taking account of a £750 part payment, and awarded £1,143.36. It also found that she had no written contract but was entitled under section 86 ERA 1996 to two weeks' notice because her employment began on 1 July 2017, so it awarded £470.
For the second claimant, the tribunal reached the same conclusion on unpaid wages, awarding £3,431.73, and found that he was entitled under section 86 ERA 1996 to one week's notice because his employment began on 1 October 2017, so it awarded £263. The reasons and itemisation total £3,694.73 for the second claimant, although the final order line states £3,694.63.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | First Claimant; accrued pay not fully discharged contrary to section 13 ERA 1996 up to 12 September 2019 after taking account of a £750 part payment. | Upheld | — | £1,143 |
| Breach of contract | First Claimant; no written contract, but she was entitled to two weeks' notice under section 86 ERA 1996 because her employment began on 1 July 2017. | Upheld | — | £470 |
| Unlawful deduction from wages | Second Claimant; accrued pay not fully discharged contrary to section 13 ERA 1996 up to 12 September 2019. The itemised total for this claimant is £3,694.73, although the final order line states £3,694.63. | Upheld | — | £3,432 |
| Breach of contract | Second Claimant; no written contract, but he was entitled to one week's notice under section 86 ERA 1996 because his employment began on 1 October 2017. | Upheld | — | £263 |
Remedy
Monetary award- Total award
- £5,308
- across all upheld claims
Legal tests applied
2 references- s.13 ERA 1996
- s.86 ERA 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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