Case 2405958/2019 · Employment Tribunal
Mr C Baleca v Italian Express Salford Limited — 2019
- Case reference
- 2405958/2019
- Decision date
- 18 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Holmes Dated
Parties
2 namedClaimant
Mr C Baleca
Respondent
Key findings
Tribunal's reasoningThe tribunal issued a Rule 21 judgment because the time for presenting a response had expired and the respondent had not presented a valid response within the prescribed time limit. On that basis, the tribunal determined the claim on the papers and treated the claimant's pleaded complaints as well-founded where stated in the judgment.
It found that Mr C Baleca's complaint under regulation 14(2) or regulation 16(1) of the Working Time Regulations 1998 succeeded. The tribunal awarded £155.25 for 17.25 hours of untaken but accrued holiday, calculated at £9.00 per day. The judgment records that this was a gross sum and that the claimant should account to HMRC for any tax and national insurance due.
The tribunal also found an unauthorised deduction from wages. It identified £990.00 gross as unpaid wages for 110 hours worked at £9 per hour and ordered the respondent to pay that amount. A separate claim for breach of contract was likewise found well-founded, and the tribunal awarded £50.00 by way of damages. The judgment records that this was also a gross sum, with the claimant to account to HMRC for any appropriate deductions.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The tribunal found the complaint under regulation 14(2) or regulation 16(1) of the Working Time Regulations 1998 well-founded and awarded £155.25 for 17.25 hours of untaken but accrued holiday at £9.00 per day. The sum was described as gross, with the claimant to account to HMRC for any tax and national insurance due. | Upheld | — | £155 |
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages and ordered payment of £990.00 gross for 110 hours worked at £9 per hour that had not been paid. The judgment states the claimant is to account to HMRC for the appropriate deductions, if any, for tax and national insurance. | Upheld | — | £990 |
| Breach of contract | The tribunal found the breach of contract claim well-founded and awarded £50.00 in damages. The judgment says this was a gross sum, with the claimant to account to HMRC for any appropriate deductions. | Upheld | — | £50 |
Remedy
Monetary award- Total award
- £1,195
- across all upheld claims
Legal tests applied
3 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- regulation 14(2) of the Working Time Regulations 1998
- regulation 16(1) of the Working Time Regulations 1998
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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