Case 2301065/2023 · Employment Tribunal
Mr Dimitrios Mitsopoulos v The Yummy Palette Limited — 2024
- Case reference
- 2301065/2023
- Decision date
- 21 August 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Fowell Representation
Parties
2 namedClaimant
Mr Dimitrios Mitsopoulos
Respondent
Key findings
Tribunal's reasoningThe tribunal upheld the claimant's claims for unpaid holiday pay. It found that £1,861 was due in respect of holiday pay and set out the breakdown as £357.15 for five days in the holiday year from 1 January 2020, £403.85 for five days in the holiday year from 1 January 2021, and £1,100 for 11 days at £100 per day. The judgment stated that these sums were awarded as unlawful deductions from wages.
Applying Walters t/a Rosewood v Barik UKEAT/0053/16/BA, the tribunal said the holiday pay award was a gross amount, with the respondent able to satisfy it by paying the claimant the net amount due and paying any tax and national insurance deductions to HMRC. The tribunal also awarded the claimant £200, equivalent to two weeks' pay, because the respondent had failed to provide a qualifying statement of terms and conditions within his first two months of employment.
The judgment recorded that no tax or national insurance was due on the £200 award. The total amount payable was therefore £2,060.81.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal upheld claims for unpaid holiday pay and awarded £1,861 in total, made up of £357.15 for five days in the holiday year from 1 January 2020 at £71.43 per day, £403.85 for five days in the holiday year from 1 January 2021 at £80.77 per day, and £1,100 for 11 days at £100 per day. The sums were awarded as unlawful deductions from wages and treated as a gross amount under Walters t/a Rosewood v Barik UKEAT/0053/16/BA. | Upheld | — | £1,861 |
| Other | The tribunal also awarded two weeks' pay of £200 because the respondent had not provided the claimant, within his first two months of employment, with a qualifying statement of terms and conditions. The judgment stated that no tax or national insurance was due on that sum. | Upheld | — | £200 |
Remedy
Monetary award- Total award
- £2,061
- across all upheld claims
Legal tests applied
1 reference- Walters t/a Rosewood v Barik UKEAT/0053/16/BA
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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