Case 2204432/2021 · Employment Tribunal
Ms M Gavasso Rita v Butterfly Food Limited — 2023
- Case reference
- 2204432/2021
- Decision date
- 10 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Keogh Representation
- Venue
- London Central
Parties
2 namedClaimant
Ms M Gavasso Rita
Respondent
Key findings
Tribunal's reasoningThe claim was issued on 27 July 2021 and the respondent did not present a valid response on time. The tribunal therefore determined the claim under Rule 21 of the Employment Tribunals Rules of Procedure 2013. The respondent did not attend the hearing. The written record states that reasons were given orally at the hearing and that written reasons would not be provided unless requested.
The tribunal found that the claimant was dismissed by reason of redundancy and that she was entitled to a statutory redundancy payment of £923.08, calculated by reference to £461.54 gross salary per week for two weeks. It also found that the dismissal was in breach of contract in respect of notice, with damages of £738.46 based on £369.23 net pay per week for two weeks.
In addition, the tribunal found that the respondent had unlawfully deducted payments in respect of holiday pay and furlough pay. The holiday pay deduction was assessed at £4,135.38, using £369.23 net pay multiplied by 11.2 weeks. The furlough pay deduction was assessed at £7,680, using £640 net pay multiplied by 12 months. The total of the monetary awards recorded in the judgment is £13,476.92.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment calculated at £461.54 gross salary per week x 2 weeks. | Upheld | — | £923 |
| Breach of contract | The tribunal found the dismissal was in breach of contract in respect of notice and awarded damages calculated at £369.23 net per week x 2 weeks. | Upheld | — | £738 |
| Holiday pay | The tribunal held the respondent had unlawfully deducted payments in respect of holiday pay and awarded £369.23 net x 11.2 weeks. | Upheld | — | £4,135 |
| Unlawful deduction from wages | The tribunal held the respondent had unlawfully deducted payments in respect of furlough pay and awarded £640 net x 12 months. | Upheld | — | £7,680 |
Remedy
Monetary award- Total award
- £13,477
- across all upheld claims
Legal tests applied
1 reference- Rule 21 of the Employment Tribunals Rules of Procedure 2013
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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