Case 1806607/2020 · Employment Tribunal
Mrs J Quinn v The Yorkshire Deli & Pizza Bar Limited — 2021
- Case reference
- 1806607/2020
- Decision date
- 15 March 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cronin Representation
Parties
2 namedClaimant
Mrs J Quinn
Respondent
Key findings
Tribunal's reasoningMrs J Quinn’s claim for unfair dismissal under s.98 of the ERA 1996 succeeded. The Tribunal awarded a basic award of £400 and a compensatory award of £279.05. It recorded that monies previously advanced by the Respondent were deducted, and it applied a 50% reduction to the compensatory award under the principles in Polkey v A E Dayton Service Limited [1988] ICR 142.
The Tribunal also awarded the Claimant two weeks’ pay under s.38 of the Employment Act 2002 because she had not received an initial written statement of particulars of employment as required by s.1 ERA. In addition, it declared that the Respondent had made unauthorised deductions from wages under s.13 ERA in respect of the Claimant’s accrued holiday pay on termination of employment, and ordered payment of £317.00 gross. The judgment states that the recoupment provisions did not apply to the unfair dismissal award.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Claim under s.98 ERA 1996 succeeded. The Tribunal ordered a basic award of £400 and a compensatory award of £279.05, after deducting monies previously advanced by the Respondent and applying a 50% reduction under Polkey v A E Dayton Service Limited [1988] ICR 142. | Upheld | — | £679 |
| Unlawful deduction from wages | Declaration made that the Respondent made unauthorised deductions from wages under s.13 ERA in respect of accrued holiday pay on termination. The Tribunal ordered payment of £317.00 gross. | Upheld | — | £317 |
Remedy
Monetary award- Total award
- £1,396
- across all upheld claims
- Basic award
- £400
- statutory, unfair dismissal
- Compensatory award
- £279
- compensatory remedy recorded
Legal tests applied
5 references- s.98 ERA 1996
- Polkey v A E Dayton Service Limited [1988] ICR 142
- s.38 Employment Act 2002
- s.1 ERA
- s.13 ERA
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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