Case 2206266/2022 · Employment Tribunal
Marjan Makaj v Bruton Restaurant Ltd (In voluntary liquidation) and 2 others — 2023
- Case reference
- 2206266/2022
- Decision date
- 30 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Peer
Parties
4 namedKey findings
Tribunal's reasoningThe claimant, Marjan Makaj, accepted that Bruton Restaurant Ltd (in voluntary liquidation) was his employer at all relevant times. He then withdrew his claims against Season Dreams PLC and Project Re Ltd., and the tribunal dismissed those claims upon withdrawal.
As against Bruton Restaurant Ltd, the tribunal found the complaint under s.23 of the Employment Rights Act 1996 to be well founded because the employer had made deductions from wages in contravention of s.13 ERA 1996. The tribunal awarded £5,569.48 for unpaid net wages, made up of £3,383.33 for April 2022 and £2,186.15 for the period from 1 to 19 May 2022, calculated on a daily rate.
The tribunal also made a declaration under s.12(3)(a) ERA 1996 that Bruton Restaurant Ltd had failed to give the claimant pay statements in accordance with s.8 ERA 1996 for the period 1 January 2022 to 19 May 2022. No separate monetary award was stated for that declaration.
Claims and outcomes
3 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 |
|---|---|---|---|---|
| Unlawful deduction from wages | Complaint under s.23 ERA 1996 was well founded because Bruton Restaurant Ltd made deductions from wages contrary to s.13 ERA 1996. The tribunal awarded unpaid net wages for April 2022 and for 1 to 19 May 2022. | Upheld | — | £5,569 |
| Other | The tribunal made a declaration under s.12(3)(a) ERA 1996 that Bruton Restaurant Ltd failed to give the claimant pay statements in accordance with s.8 ERA 1996 for 1 January 2022 to 19 May 2022. | Upheld | — | — |
| Other | The claimant withdrew the claims against Season Dreams PLC and Project Re Ltd after accepting that Bruton Restaurant Ltd was his employer at all relevant times; those claims were dismissed upon withdrawal. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £5,569
- across all upheld claims
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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