Case 2201310/2020 · Employment Tribunal
In person For the v No appearance or — 2020
- Case reference
- 2201310/2020
- Decision date
- 31 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Joffe
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe claimant was employed by the respondent from 21 October 2019 to 31 January 2020 and also worked two handover days on 1 and 2 October 2019. The Tribunal found she had been told she would be paid for those handover days and had not been paid. It found there was no evidence the respondent had a right to deduct those sums, and awarded £453.15 gross.
The Tribunal found that the claimant had accrued but untaken annual leave when her employment ended. Although she had been placed on garden leave and told she would be paid in full until 31 January 2020, there was no evidence that the respondent had required her to take annual leave during that period. The Tribunal awarded £1,721.97 gross for accrued holiday pay.
The claimant also brought a breach of contract claim concerning the implied trust and confidence term, but she did not claim financial loss and sought a finding of breach. The Tribunal held that its contractual jurisdiction under Article 3 of the 1994 Order was limited to claims seeking financial recovery and did not extend to the claim as put, including a claim for nominal damages.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The respondent unlawfully deducted wages for two handover days worked on 1 and 2 October 2019. | Upheld | — | £453 |
| Holiday pay | The respondent failed to pay accrued but untaken annual leave under regulation 14 of the Working Time Regulations 1998. | Upheld | — | £1,722 |
| Breach of contract | The Tribunal concluded it had no jurisdiction because the claimant was not claiming damages or another sum due, and Article 3 did not cover a claim seeking only a finding of breach or nominal damages. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £2,175
- across all upheld claims
Legal tests applied
11 references- section 13 Employment Rights Act 1996
- section 27 Employment Rights Act 1996
- Greg May (Carpet Fitters and Contractors) Ltd v Dring [1990] ICR 188
- regulation 13 Working Time Regulations 1998
- regulation 13A Working Time Regulations 1998
- regulation 14 Working Time Regulations 1998
- regulation 15(2) Working Time Regulations 1998
- regulation 16 Working Time Regulations 1998
- Craig v Transocean International Resources [2009] IRLR 519
- Article 3 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994/1623
- trust and confidence term
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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