Case 2409481/2020 · Employment Tribunal
Mr A Kasim & Mr A Hannan v Blue Nile Restaurant Limited — 2021
- Case reference
- 2409481/2020
- Decision date
- 25 November 2021
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr A Kasim & Mr A Hannan
Respondent
Key findings
Tribunal's reasoningThe unfair dismissal claims were dismissed upon withdrawal by the claimants. The judgment records that Judge Cowx sat alone in Manchester by CVP on 18 November 2021, and that the respondent did not attend.
A default judgment had previously been made against the respondent because it failed to respond to the claim, under rule 21(2) of the Employment Tribunal Rules of Procedure. In consequence, the claims for unpaid wages and holiday pay succeeded without a merits determination on those claims.
The tribunal ordered unpaid wages of £1,707.68 for each claimant, with that figure calculated using gross monthly pay and subject to the required deduction for National Insurance. It also ordered holiday pay of £1,608.34 for one claimant and £2,676.46 for the other. The written judgment records total sums payable of £3,316.02 to one claimant and £4,384.14 to the other, and the attached notice states that interest may accrue under the Employment Tribunals (Interest) Order 1990 if sums remain unpaid after 14 days.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The unfair dismissal claims were dismissed upon withdrawal by the claimants. | Withdrawn | — | — |
| Unlawful deduction from wages | The claim for unpaid wages succeeded under the prior default judgment; the tribunal ordered £1,707.68 for this claimant, calculated using gross monthly pay and subject to the required deduction for National Insurance. | Upheld | — | £1,708 |
| Unlawful deduction from wages | The claim for unpaid wages succeeded under the prior default judgment; the tribunal ordered £1,707.68 for the other claimant, calculated using gross monthly pay and subject to the required deduction for National Insurance. | Upheld | — | £1,708 |
| Holiday pay | Holiday pay succeeded under the prior default judgment; the tribunal ordered £1,608.34 gross for one claimant. | Upheld | — | £1,608 |
| Holiday pay | Holiday pay succeeded under the prior default judgment; the tribunal ordered £2,676.46 gross for the other claimant. | Upheld | — | £2,676 |
Remedy
Monetary award- Total award
- £7,700
- across all upheld claims
Legal tests applied
2 references- Rule 21(2) of the Employment Tribunal Rules of Procedure
- Employment Tribunals (Interest) Order 1990
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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