Case 2302802/2023 · Employment Tribunal
Ms Anita Khatri v Direct Staff UK Limited — 2023
- Case reference
- 2302802/2023
- Decision date
- 13 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Fowell Representation
Parties
2 namedClaimant
Ms Anita Khatri
Respondent
Key findings
Tribunal's reasoningMs Anita Khatri's claims were heard by Employment Judge E Fowell at Croydon by video on 29 November 2023. The tribunal recorded that the correct respondent was Direct Staff UK Limited, not Mr Mendonca as originally named on the claim form, and was satisfied that the company had been aware of the proceedings throughout because the company address was used, ACAS early conciliation was with the company, and communications were sent to Mr Mendonca at his work email address. The respondent did not appear.
The tribunal upheld claims for unlawful deduction from wages in respect of five days' unpaid work and two days' overtime pay. It also upheld a claim described as unlawful deduction from wages / breach of regulation 13 of the Working Time Regulations 1998 in respect of holiday pay taken but not paid. The award for those three items was £531.85, £328.90 and £1,033.80 respectively, making £1,894.55 in total for the wage and holiday pay claims.
Applying Walters t/a Rosewood v Barik UKEAT/0053/16/BA, the tribunal stated that the unlawful deduction from wages award was a gross amount that could be satisfied by paying the net amount to the claimant and the tax and national insurance due to HMRC. The tribunal also found a failure to provide a compliant statement of particulars of employment under section 1 Employment Rights Act 1996 and awarded two weeks' average pay of £852.93 without deduction of tax or national insurance. The judgment states an overall total of £2,747.49.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unlawful deduction from wages for five days' unpaid work. | Upheld | — | £532 |
| Unlawful deduction from wages | Unlawful deduction from wages for two days' overtime pay. | Upheld | — | £329 |
| Holiday pay | Holiday pay taken but not paid; upheld as unlawful deduction from wages / breach of regulation 13 of the Working Time Regulations 1998. | Upheld | — | £1,034 |
| Other | Failure to supply a statement of particulars of employment compliant with section 1 Employment Rights Act 1996; award of two weeks' average pay. The judgment records this amount and an overall total of £2,747.49, although the listed sums add to £2,747.48. | Upheld | — | £853 |
Remedy
Monetary award- Total award
- £2,747
- across all upheld claims
Legal tests applied
3 references- Walters t/a Rosewood v Barik UKEAT/0053/16/BA
- section 1 Employment Rights Act 1996
- Regulation 13 Working Time Regulations 1998
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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