Case 2215261/2023 · Employment Tribunal
Ms C Browning v Nica Design Ltd — 2024
- Case reference
- 2215261/2023
- Decision date
- 6 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leonard-Johnston REPRESENTATION
Parties
2 namedClaimant
Ms C Browning
Respondent
Key findings
Tribunal's reasoningEmployment Judge Leonard-Johnston, sitting alone in London Central by CVP, found in favour of the claimant on her unlawful deduction of wages, holiday pay and two breach of contract claims (pension contributions and expenses). The Tribunal found that the respondent's representative Mr Sas was not credible and had failed to comply with directions to provide documentary or witness evidence.
The claimant was found to have been entitled to one calendar month's notice and to wages from 1-10 August 2023 (9 days at £240 gross daily, totalling £1,920). Holiday pay of £3,540 was awarded for 14.75 days accrued but not taken. The respondent was found to have deducted £2,641.68 in pension contributions but only paid £146.76 into the claimant's pension fund, giving £2,495 in damages. Travel and subsistence expenses of £2,525 were also awarded.
The commission claim was dismissed because the claimant had not established on the balance of probabilities that the timber sales reached the £200,000 minimum target for commission entitlement, and the aluminium sale figures were not based on margin as required by the agreement. The wrongful dismissal claim was withdrawn at the hearing to avoid double counting.
Claims and outcomes
6 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 | 9 days' wages for 1-10 August 2023 at £240 gross daily. | Upheld | — | £1,920 |
| Holiday pay | 14.75 days accrued and untaken at £240 gross daily rate. | Upheld | — | £3,540 |
| Breach of contract | Pension contributions deducted from pay but not paid into the claimant's pension scheme (£2,641.68 deducted, £146.76 paid, balance £2,495). | Upheld | — | £2,495 |
| Breach of contract | Failure to reimburse travel and subsistence expenses. | Upheld | — | £2,525 |
| Breach of contract | Commission claim does not succeed; claimant did not establish she met the £200,000 minimum sales target for timber commission, and aluminium commission position not made out. | Dismissed | — | — |
| Wrongful dismissal | Withdrawn at the hearing to avoid double counting of August wages. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £10,480
- across all upheld claims
Legal tests applied
2 references- section 13 Employment Rights Act 1996
- Working Time Regulations 1998
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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