Case 2301292/2023 · Employment Tribunal
Miss Aleksandra Gruda v Pataka Limited — 2023
- Case reference
- 2301292/2023
- Decision date
- 24 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge L Clarke REPRESENTATION
Parties
2 namedClaimant
Miss Aleksandra Gruda
Respondent
Key findings
Tribunal's reasoningMiss Aleksandra Gruda succeeded in her complaint of unauthorised deductions from wages. The tribunal found that Pataka Limited had made an unauthorised deduction from wages due to be paid on 5 February 2023 and ordered repayment of the gross sum deducted, £650.50.
She also succeeded on holiday pay. The tribunal found that the respondent failed to pay holiday pay in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998 and awarded £709.68. The judgment records that the claimant is responsible for any tax or National Insurance on the wage and holiday pay awards.
The tribunal further found that, when the proceedings were begun, the respondent was in breach of its duty to provide a written statement of employment particulars. It recorded that there were no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable, and that it was just and equitable to award four weeks' gross pay under section 38 of the Employment Act 2002. The respondent was ordered to pay £1,182.80 on that basis.
The total financial award recorded in the judgment was £2,542.98. Reasons were given orally at the hearing and written reasons were not provided unless requested.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages due to be paid on 5 February 2023 and ordered the respondent to pay the gross sum deducted. | Upheld | — | £651 |
| Working time regulations | The tribunal found the holiday pay complaint well-founded under regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. | Upheld | — | £710 |
| Other | The tribunal found the respondent was in breach of its duty to provide a written statement of employment particulars when the proceedings began and awarded an amount equal to four weeks' gross pay under section 38 Employment Act 2002. | Upheld | — | £1,183 |
Remedy
Monetary award- Total award
- £2,543
- across all upheld claims
Legal tests applied
2 references- regulation 14(2) and/or 16(1) of the Working Time Regulations 1998
- section 38 Employment Act 2002
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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