Case 2401413/2022 · Employment Tribunal
Mr D Mpehla v Be Sure Group — 2022
- Case reference
- 2401413/2022
- Decision date
- 21 July 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge McCarthy
- Venue
- Manchester ET
Parties
2 namedClaimant
Mr D Mpehla
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting alone, found that the respondent had made unauthorised deductions from the claimant's wages by failing to pay the full amount due for the period 9 August 2021 to 26 November 2021 inclusive. It ordered the respondent to pay £1,476.90 gross as the total gross sum deducted.
The tribunal dismissed the separate claim for £184.62 said to relate to an additional weekend payment, finding that no unlawful deduction had been made in respect of that sum. It also upheld the claim for payment in lieu of accrued but untaken annual leave on termination and ordered payment of £800.02 gross.
In addition, the tribunal awarded the claimant £1,088 under section 38 of the Employment Act 2002 because the respondent had failed to provide a written statement of employment particulars. The total monetary award was therefore £3,364.92.
Claims and outcomes
4 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 | Unauthorised deductions from wages for the period 9 August 2021 to 26 November 2021 inclusive; ordered gross sum of £1,476.90. | Upheld | — | £1,477 |
| Unlawful deduction from wages | Claim for an additional weekend payment of £184.62 was dismissed. | Dismissed | — | — |
| Holiday pay | Unauthorised deductions from wages for failure to pay in lieu of accrued but untaken annual leave on termination; ordered gross sum of £800.02. | Upheld | — | £800 |
| Other | Additional compensation of £1,088 awarded under section 38 Employment Act 2002 for failure to provide a written statement of employment particulars. | Upheld | — | £1,088 |
Remedy
Monetary award- Total award
- £3,365
- across all upheld claims
Legal tests applied
3 references- Part II Employment Rights Act 1996
- section 1 Employment Rights Act 1996
- 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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