Case 2204281/2021 · Employment Tribunal
Miss S Gibejova v M’S Creamy Gelato Limited — 2021
- Case reference
- 2204281/2021
- Decision date
- 3 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Deol Date
- Venue
- London Central
Parties
2 namedClaimant
Miss S Gibejova
Respondent
Key findings
Tribunal's reasoningAt the hearing on 6 September 2021 before Employment Judge Deol, the respondent agreed to correct the claimant's payroll record to Ms Simona Gibejova and to notify HMRC within 28 days. The tribunal recorded that the claimant's holiday pay claim for £686.61, two claims for arrears of wages for £576 and £122.08, a notice pay claim for £174.40, and a claim for accrued and unpaid holiday of £104.70 were well founded. The arrears of wages related to 48 hours at £12 per hour from 12 April to 25 April 2021 and 14 hours at £8.72 per hour from 26 to 27 April 2021.
The tribunal stated that the awards in the claimant's favour were uplifted by 25% pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, and recorded the uplift amount as £413.40. The judgment does not apportion that uplift between the individual awards. The respondent's counterclaims for inadequate notice and damage to property were dismissed, and the awarded sums were to be paid within 28 days.
Claims and outcomes
7 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Holiday pay awarded; not contested and well founded. | Upheld | — | £687 |
| Unlawful deduction from wages | Arrears of wages for 48 hours at £12 per hour from 12 April to 25 April 2021; not contested and well founded. | Upheld | — | £576 |
| Unlawful deduction from wages | Arrears of wages for 14 hours at £8.72 per hour from 26 to 27 April 2021; not contested and well founded. | Upheld | — | £122 |
| Breach of contract | Notice pay awarded, representing 20 hours at £8.72 per hour. | Upheld | — | £174 |
| Holiday pay | Accrued and unpaid holiday awarded. | Upheld | — | £105 |
| Breach of contract | Respondent's counterclaim for inadequate notice was dismissed. | Dismissed | — | — |
| Other | Respondent's counterclaim for damage to property was dismissed. |
Remedy
Monetary award- Total award
- £413
- across all upheld claims
Legal tests applied
1 reference- section 207A TULR(C)A 1992
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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