Case 2406805/2024 · Employment Tribunal
Miss X Walker v Mr Nitro’s Franchise Limited; and 1 other — 2025
- Case reference
- 2406805/2024
- Decision date
- 30 April 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leach REPRESENTATION
Parties
3 namedClaimant
Miss X Walker
Respondents
Key findings
Tribunal's reasoningAt a preliminary hearing on 3 April 2025 before Employment Judge Leach (held at Manchester by CVP), the claimant appeared in person and the respondents did not attend, no response having been entered. The tribunal found that the claimant was employed by Mr Nitro's Franchise Limited and dismissed the complaints against the second respondent, LN2 Limited.
The tribunal upheld the complaint of unauthorised deductions from wages in respect of the period 14-27 August 2024 and ordered the respondent to pay the gross sum deducted of £1,327.04, with the claimant responsible for any tax and National Insurance. The tribunal also found that, when proceedings were begun, the respondent was in breach of its duty to provide a written statement of employment particulars, and concluded there were no exceptional circumstances making an award unjust or inequitable.
Applying section 38 of the Employment Act 2002 and calculating a week's pay in accordance with sections 220-229 of the Employment Rights Act 1996 (a week's pay of £402.89 based on the final 12 weeks of pay totalling £4,825.07), the tribunal considered it just and equitable to award four weeks' gross pay of £1,611.56. The respondent was ordered to pay the claimant a total of £2,938.60.
Claims and outcomes
3 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 | Tribunal found the complaint of unauthorised deductions from wages well-founded for the period 14-27 August 2024. Respondent ordered to pay the gross sum deducted; claimant responsible for tax/NI. | Upheld | — | £1,327 |
| Other | Award under section 38 Employment Act 2002 for the respondent's breach of duty to provide a written statement of employment particulars. Tribunal made an award equal to four weeks' gross pay (a week's pay calculated under ss.220-229 ERA 1996 at £402.89). | Upheld | — | £1,612 |
| Unlawful deduction from wages | Complaints against the second respondent, LN2 Limited, were dismissed; the tribunal found the claimant was employed by Mr Nitro's Franchise Limited. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £2,939
- across all upheld claims
Legal tests applied
2 references- section 38 Employment Act 2002
- sections 220-229 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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