Case 2300096/2023 · Employment Tribunal
Ms Marianna Alshina v Cobb's Corner Cafe Limited — 2023
- Case reference
- 2300096/2023
- Decision date
- 26 July 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Fowell Representation
Parties
2 namedClaimant
Ms Marianna Alshina
Respondent
Key findings
Tribunal's reasoningThe respondent did not file a response and did not attend the hearing by video on 26 July 2023. Employment Judge E Fowell therefore entered judgment for Ms Marianna Alshina on the claims before the tribunal.
The tribunal found that Ms Alshina suffered an unlawful deduction from wages in July 2022 in the sum of £95. It also found that, on termination of her employment, she was entitled to 28.5 hours' accrued holiday pay worth £449.45. That holiday pay was treated as both an unlawful deduction from wages and a breach of her right to annual leave under the Working Time Regulations 1998. Because the respondent did not deal with her grievance about the missing payments, the tribunal awarded a 25% uplift of £136.11 on the above sums.
The tribunal also found a failure to provide a written statement of terms and conditions of employment and awarded four weeks' gross pay, calculated as £1,083. It further found a failure to provide itemised pay statements during employment, but recorded that there was no power to award compensation for that failure. The total award was £1,763.56, and the tribunal said the wage-related element was a gross amount to be satisfied in the tax treatment described by Walters t/a Rosewood v Barik.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unlawful deduction from wages in July 2022 in the sum of £95. | Upheld | — | £95 |
| Unlawful deduction from wages | Holiday pay on termination was found due in the sum of £449.45. The tribunal said this was both an unlawful deduction from wages and a breach of the claimant's right to annual leave under the Working Time Regulations 1998; the amount was not split between the linked legal bases, and the 25% uplift was applied to the combined payment issue. | Upheld | — | — |
| Working time regulations | The same holiday pay sum of £449.45 was found to be a breach of the right to annual leave under the Working Time Regulations 1998. The award was not separately quantified from the linked unlawful deduction finding. | Upheld | — | — |
| Other | Failure to provide a written statement of terms and conditions of employment; the tribunal awarded four weeks' gross pay, stated as £1,083. | Upheld | — | £1,083 |
| Other | Failure to provide itemised pay statements during employment was found, but the tribunal said there was no power to award compensation for that failure. | Upheld | — | — |
Remedy
Monetary award- Total award
- £1,764
- across all upheld claims
Legal tests applied
1 reference- Walters t/a Rosewood v Barik
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
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