Case 2300246/2022 · Employment Tribunal
Mr Ridha Ben Mosbah v Nar Food Limited — 2023
- Case reference
- 2300246/2022
- Decision date
- 30 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McCann Representation
- Venue
- London South
Parties
2 namedClaimant
Mr Ridha Ben Mosbah
Respondent
Key findings
Tribunal's reasoningThe respondent employer's contract claim was withdrawn at the final hearing and the tribunal dismissed it. On the claimant's claims, the tribunal found that paid holiday entitlement had accrued on termination under regulations 13, 14 and 30 of the Working Time Regulations 1998, and ordered Nar Food Limited to pay £10,220 gross. It also found unauthorised deductions from wages for the period 21 to 28 October 2021 and ordered £700 gross.
The tribunal further found that the respondent breached contract by dismissing the claimant without the required three weeks' notice and awarded £2,100 gross damages for that breach. It also awarded £1,088 as the minimum additional compensation under section 38(3) and (4) Employment Act 2002 for failure to provide written particulars of employment under section 1 Employment Rights Act 1996. The total award was £14,108 gross.
Claims and outcomes
5 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 |
|---|---|---|---|---|
| Breach of contract | The respondent employer withdrew this contract claim at the final hearing, and the tribunal dismissed it. | Dismissed | — | — |
| Holiday pay | The tribunal found that paid holiday entitlement accrued on termination under regulations 13, 14 and 30 of the Working Time Regulations 1998. | Upheld | — | £10,220 |
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages for the period 21 to 28 October 2021. | Upheld | — | £700 |
| Breach of contract | The tribunal found the respondent breached contract by dismissing the claimant without the required three weeks' notice. | Upheld | — | £2,100 |
| Other | The tribunal awarded the minimum additional compensation under section 38(3) and (4) Employment Act 2002 for failure to provide written particulars of employment under section 1 Employment Rights Act 1996. | Upheld | — | £1,088 |
Remedy
Monetary award- Total award
- £14,108
- across all upheld claims
Legal tests applied
3 references- regulations 13, 14 and 30 of the Working Time Regulations 1998
- section 38(3) and (4) Employment Act 2002
- section 1 Employment Rights Act 1996
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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