Case 2305968/2021 · Employment Tribunal
Ms Rosa Antezana v Leisure Clean & Support Ltd — 2022
- Case reference
- 2305968/2021
- Decision date
- 30 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hart Date
Parties
2 namedClaimant
Ms Rosa Antezana
Respondent
Key findings
Tribunal's reasoningThe tribunal made a Rule 21 judgment in favour of Ms Rosa Antezana on the wage and holiday-pay elements of her claim against Leisure Clean & Support Ltd. It held that the respondent had made an unauthorised deduction from wages and ordered payment of £1,160 gross.
It also found that she had been constructively wrongfully dismissed after resigning in response to non-payment of wages, and that the respondent was not entitled to rely on the notice clause to withhold payment. Damages for notice were assessed at £14 gross.
On working time and related claims, the tribunal found that the respondent had failed to pay accrued holiday entitlement and ordered £140 gross. It dismissed the separate claim for untaken annual leave because no details were provided to show entitlement beyond the accrued holiday entitlement already claimed, and it dismissed the statutory sick pay claim because it had no jurisdiction to determine such claims.
Claims and outcomes
5 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 tribunal found an unauthorised deduction from wages and ordered payment of the gross sum of £1,160. | Upheld | — | £1,160 |
| Wrongful dismissal | The tribunal found that the claimant had been constructively wrongfully dismissed after resigning in response to non-payment of wages and held that the respondent could not rely on the notice clause to withhold payment; damages for notice were £14 gross. | Upheld | — | £14 |
| Holiday pay | The tribunal found that the respondent had failed to pay the claimant's accrued holiday entitlement and ordered £140 gross. | Upheld | — | £140 |
| Holiday pay | The separate claim for untaken annual leave was dismissed because no details were provided to explain entitlement beyond the accrued holiday entitlement already claimed. | Dismissed | — | — |
| Other | The claim for non-payment of statutory sick pay was dismissed because the tribunal said it had no jurisdiction to determine such claims. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,314
- 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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