Case 2306992/2023 · Employment Tribunal
Miss Lertwatsana Mr Wongchuen Mrs Cahill Mrs Klinson Mrs Sutharak Mrs Watts v Yewdean Limited — 2024
- Case reference
- 2306992/2023
- Decision date
- 31 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Robinson Representation
Parties
2 namedClaimant
Miss Lertwatsana Mr Wongchuen Mrs Cahill Mrs Klinson Mrs Sutharak Mrs Watts
Respondent
Key findings
Tribunal's reasoningThe hearing took place on 28 May 2024 at Croydon by video before Employment Judge Robinson. The respondent did not attend. Mrs Sutharak and Mrs Watts also did not attend, and the tribunal relied on Rule 47 to proceed in their absence. The written record states that reasons were given orally and that written reasons would not be provided unless requested.
Mrs Lertwatsana and Mr Wongchuen succeeded on claims resulting in awards of notice pay, accrued but untaken holiday, redundancy pay, and compensation under section 38 of the Employment Act 2002 for failure to provide a written employment contract. Mrs Lertwatsana was awarded £1,169 notice pay, £584.50 holiday pay, £1,753.50 redundancy pay, and £1,169 section 38 compensation. Mr Wongchuen was awarded £1,242.64 notice pay, £621.32 holiday pay, £1,863.96 redundancy pay, and £1,242.64 section 38 compensation.
Mrs Cahill, Mrs Klinson, Mrs Sutharak and Mrs Watts succeeded on claims for unauthorised deductions from wages for failing to pay full wages in October and November 2023. Mrs Cahill was awarded £798 for the underpayment, £420 notice pay, £420 holiday pay, and £840 section 38 compensation. Mrs Klinson was awarded £767.25 for the underpayment, £370.94 notice pay, and £741.88 section 38 compensation. Mrs Sutharak was awarded £399 for the underpayment, £262.50 notice pay, £1,050 holiday pay, and £525 section 38 compensation. Mrs Watts was awarded £157.50 for the underpayment, £157.50 notice pay, £157.50 holiday pay, and £315 section 38 compensation. The total gross award was £17,028.63.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Mrs Lertwatsana and Mr Wongchuen succeeded on claims resulting in redundancy payments, notice pay, accrued holiday pay, and compensation under section 38 of the Employment Act 2002 for failure to provide a written employment contract. | Upheld | — | — |
| Unlawful deduction from wages | Mrs Cahill, Mrs Klinson, Mrs Sutharak and Mrs Watts succeeded on claims for unauthorised deductions from wages for failing to pay full wages in October and November 2023; the judgment also awarded notice pay and section 38 compensation, and holiday pay where applicable. | Upheld | — | — |
Remedy
Monetary award- Total award
- £17,029
- 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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