Case 2401539/2023 · Employment Tribunal
Mr J Kaczmar v Marl Pits Garden Centre Limited — 2023
- Case reference
- 2401539/2023
- Decision date
- 8 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Farrelly
- Venue
- Manchester
Parties
2 namedClaimant
Mr J Kaczmar
Respondent
Key findings
Tribunal's reasoningMr Kaczmar brought claims arising from holiday pay and deductions made at the end of his employment with Marl Pits Garden Centre Ltd. The tribunal preferred his evidence, together with contemporaneous emails and screenshots, over the respondent's later unsigned draft contract and handwritten note, and found that he had started work on 21 February 2022 rather than 14 or 16 March 2022.
On that basis, the tribunal accepted that he had accrued 17.3 days of holiday and was entitled to £1,730 net in holiday pay. It rejected the respondent's reliance on a final payslip calculation that used 13.8 days and deducted £125 for plants and £400 for an alleged overpayment linked to September 2022 absences. The tribunal found that the claimant had in fact worked the four days from 26 to 29 September 2022, so the £400 deduction was not authorised.
The tribunal upheld both the breach of contract complaint and the complaint of unauthorised deductions from wages. It also accepted the claimant's acknowledgment of £120 indebtedness and directed that this sum should come out of the total award. Interest information was then issued in the usual way following the reserved judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Holiday pay claim. The tribunal found that employment started on 21 February 2022 and that the claimant was entitled to £1,730 net in holiday pay, subject to the claimant's admitted £120 indebtedness being set off from the total award. | Upheld | — | — |
| Unlawful deduction from wages | The tribunal held that the respondent was not authorised to deduct £400 from holiday pay on the basis of alleged unauthorised absence/overpayment in September 2022. It found the claimant had worked the four days from 26 to 29 September 2022. | Upheld | — | — |
Remedy
Monetary award- Total award
- £1,610
- across all upheld claims
Legal tests applied
4 references- Employment Tribunals (England and Wales) Extension of Jurisdiction Order 1994, arts. 3 and 7
- Part II Employment Rights Act 1996
- s.13 Employment Rights Act 1996
- s.14 Employment Rights Act 1996
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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