Case 1807136/2022 · Employment Tribunal
S Udawatte v Eat,Drink,Sleep BG Limited — 2023
- Case reference
- 1807136/2022
- Decision date
- 21 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Davies Date
Parties
2 namedClaimant
S Udawatte
Respondent
Key findings
Tribunal's reasoningThe claim was issued on 17 December 2022 and the respondent failed to present a valid response on time. The Employment Judge therefore made a determination under Rule 21 of the Employment Tribunals Rules of Procedure 2013. The hearing listed for 13 March 2023 was cancelled.
On that basis, the tribunal found that the respondent had made unauthorised deductions from the claimant’s wages and ordered payment of £483.16 gross. It also found that the claimant was dismissed in breach of contract in respect of notice and awarded £367.58 in damages, and separately found that the respondent had failed to pay holiday entitlement, ordering £227.90 gross.
The tribunal further found that the respondent had failed to provide a written statement of terms and conditions as required by s.38 Employment Act 2002 and ordered two weeks’ pay, £735.16. It also declared that the respondent had failed to provide itemised pay statements as required by s.8 Employment Rights Act 1996 and ordered £122.83, described as a sum not exceeding the aggregate of the unnotified deductions made during the 13 weeks before the claim was presented.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Ordered as the gross amount for unauthorised deductions from wages. | Upheld | — | £483 |
| Breach of contract | The tribunal found dismissal in breach of contract in respect of notice. | Upheld | — | £368 |
| Holiday pay | Ordered as the gross amount for unpaid holiday entitlement. | Upheld | — | £228 |
| Other | Award under s.38 Employment Act 2002 for failure to provide a written statement of terms and conditions; described as two weeks' pay. | Upheld | — | £735 |
| Other | Declaration that itemised pay statements were not provided as required by s.8 Employment Rights Act 1996; award capped by the aggregate of unnotified deductions in the 13 weeks before the claim was presented. | Upheld | — | £123 |
Remedy
Monetary award- Total award
- £1,937
- across all upheld claims
Legal tests applied
3 references- Rule 21
- s.38 Employment Act 2002
- s.8 Employment Rights Act 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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