Case 2305925/2023 · Employment Tribunal
Claimant v Ivanov v Kapucin Ltd — 2024
- Case reference
- 2305925/2023
- Decision date
- 16 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Serr REPRESENTATION
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe tribunal held that the claimant's holiday pay complaint was well-founded. It found that the respondent had made an unauthorised deduction from wages by failing to pay for holidays taken and for holidays accrued but not taken on the date the employment ended.
The tribunal ordered the respondent to pay £1,937 in respect of holiday pay. It stated that the claimant was responsible for any tax or National Insurance due on that sum.
The tribunal also found that, when the proceedings were begun, the respondent was in breach of its duty to provide a written statement of employment particulars. It found that there were no exceptional circumstances making an award unjust or inequitable and made an award under section 38 Employment Act 2002 equal to two weeks' gross pay, assessed at £880. The claim for unpaid pension contributions was dismissed on withdrawal.
Claims and outcomes
3 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 |
|---|---|---|---|---|
| Holiday pay | The tribunal found the holiday pay complaint well-founded and held that the respondent had made an unauthorised deduction from wages by failing to pay for holidays taken and accrued but untaken when employment ended. | Upheld | — | £1,937 |
| Other | The tribunal found that, when proceedings began, the respondent was in breach of its duty to provide a written statement of employment particulars. It made an award under section 38 Employment Act 2002 equal to two weeks' gross pay. | Upheld | — | £880 |
| Other | Claim for unpaid pension contributions dismissed on withdrawal. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £2,817
- across all upheld claims
Legal tests applied
1 reference- 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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