Case 2209266/2023 · Employment Tribunal
(1) Mr F Madiona (2) Ms M Kone v Hoxton Restaurants Ltd Heard: by CVP in London — 2023
- Case reference
- 2209266/2023
- Decision date
- 13 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Codd
Parties
2 namedClaimant
(1) Mr F Madiona (2) Ms M Kone
Key findings
Tribunal's reasoningThe hearing took place by CVP in London on 13 October 2023 before Employment Judge Codd sitting alone. The respondent had been given proper notice of the hearing by correspondence dated 18 August 2023 but did not attend or communicate with the tribunal. Ms M Kone was also not in attendance.
The tribunal struck out Ms M Kone's claim because it was not being actively pursued and, on the material provided, the tribunal could not determine what claim she was making. No substantive finding was made on the merits of her case.
Mr F Madiona's complaint in respect of holiday pay was found well-founded. The tribunal held that the respondent had made an unauthorised deduction from wages by failing to pay him for holidays accrued but not taken when his employment ended.
The tribunal ordered the respondent to pay Mr Madiona £1,676 as damages for breach of contract, stated to be the net value due to him. The respondent was made responsible for ensuring that the appropriate tax and national insurance contributions were paid to HMRC on the gross value before forwarding the net sum to the claimant.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The second claimant, Ms M Kone, was not in attendance. The tribunal struck out her claim because it was not being actively pursued and it was not possible to determine what claim she was making from the material provided. | Struck out | — | — |
| Holiday pay | The tribunal found Mr F Madiona's holiday pay complaint well-founded, holding that the respondent made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when his employment ended. The award was described as £1,676 net damages for breach of contract, with the respondent responsible for the tax and national insurance position on the gross amount before paying the net sum to the claimant. | Upheld | — | £1,676 |
Remedy
Monetary award- Total award
- £1,676
- 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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