Case 2202381/2020 · Employment Tribunal
Mr. D Osmanski v V Hospitality Ltd — 2020
- Case reference
- 2202381/2020
- Decision date
- 10 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge P Klimov
Parties
2 namedClaimant
Mr. D Osmanski
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's unfair dismissal complaint because he did not give valid reasons after being given the opportunity to do so by the tribunal's order of 27 July 2020. The hearing was conducted remotely, the claimant attended in person, and the respondent did not attend.
On the substantive employment issues, the tribunal found that the respondent was in repudiatory breach of the contract of employment by failing to pay wages due. It recorded that the claimant accepted that breach and that the contract ended on 20 April 2020, describing the claimant as constructively dismissed on that date. The tribunal also found that the respondent dismissed the claimant without notice, which amounted to breach of contract.
The tribunal further found a well-founded complaint of unauthorised deduction from wages for the period 20 March to 20 April 2020, being 80% of the claimant's normal salary for that period. It also found a breach of contract in relation to one day of accrued but untaken holiday. The monetary awards were £1,866.66 for notice pay, £1,479.62 for unlawfully deducted wages, and £107.69 for the holiday item, with the wages award subject to accounting to HMRC for tax and NI.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant failed to give valid reasons after being given the opportunity to do so by the tribunal's order of 27 July 2020. | Struck out | — | — |
| Breach of contract | Damages for dismissal without notice, stated to be 80% of the claimant's normal salary for the one month's notice period. | Upheld | — | £1,867 |
| Unlawful deduction from wages | The tribunal found an unlawful deduction of wages for the period 20 March to 20 April 2020 under section 13 of the Employment Rights Act 1996, and ordered the respondent to account to HMRC for any tax and NI due. | Upheld | — | £1,480 |
| Holiday pay | Damages for one day of accrued but untaken holiday. | Upheld | — | £108 |
Remedy
Monetary award- Total award
- £3,454
- across all upheld claims
Legal tests applied
2 references- section 13 of the Employment Rights Act 1996
- repudiatory breach
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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