Case 2301895/2020 · Employment Tribunal
Mr C Agate v AFD Pubs Ltd — 2020
- Case reference
- 2301895/2020
- Decision date
- 3 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Braganza
Parties
2 namedClaimant
Mr C Agate
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment in favour of Mr C Agate against AFD Pubs Ltd, issued by Employment Judge Braganza on 3 December 2020. The tribunal held that the claim for unlawful deduction of wages succeeded and ordered the respondent to pay £430.42 in arrears of pay and £1,551.69 in holiday pay, making £1,982.11 on that head.
The tribunal also awarded a 10% uplift of £198.21 for the respondent's failure to comply with the ACAS code in failing to take action on the claimant's grievance. Separately, it found that the respondent had failed to provide a written statement of terms and conditions of employment as required by section 1 of the Employment Rights Act 1996 and ordered payment of £1,903.92.
The judgment records that the respondent failed to provide pay statements contrary to section 8 of the Employment Rights Act 1996, but no award was made on the income tax and national insurance contributions claim or on the loss of statutory protection claim. The total sum ordered was £4,084.24.
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 | The claim for unlawful deduction of wages succeeded; the order covered £430.42 arrears of pay and £1,551.69 holiday pay. | Upheld | — | £1,982 |
| Other | 10% uplift awarded for the respondent's failure to comply with the ACAS code in failing to take action on the claimant's grievance. | Upheld | — | £198 |
| Other | The respondent failed to provide a written statement of terms and conditions of employment as required by section 1 ERA 1996. | Upheld | — | £1,904 |
| Other | The respondent failed to provide pay statements contrary to section 8 ERA 1996; no award is stated in the judgment. | Upheld | — | — |
| Other | No award was made on the claim for income tax and national insurance contributions. | Other | — | — |
| Other | No award was made on the loss of statutory protection claim. | Other | — | — |
Remedy
Monetary award- Total award
- £4,084
- across all upheld claims
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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