Case 2414433/2021 · Employment Tribunal

Ms A Squire v Mr Sivagnanam Gnanachandran t/a Dales Off Licence & News HELD AT: Manchester (in person) — 2023

Case reference: 2414433/2021
Decision date: 6 June 2023
Jurisdiction: England & Wales
Judge: Employment Judge Anderson REPRESENTATION

Indexed: 17 May 2026

Parties

2 named

Claimant

Ms A Squire

Respondent

Mr Sivagnanam Gnanachandran t/a Dales Off Licence & News HELD AT: Manchester (in person)

Key findings

Tribunal's reasoning

At a public preliminary hearing, the claimant pursued strike out and deposit order applications concerning disability discrimination, failure to provide a section 1 statement, and unlawful deduction from wages matters including holiday pay, statutory sick pay, and National Minimum Wage. The tribunal noted disputes about the effective date of termination, knowledge, dismissal, and working pattern that required evidence at a full hearing.

The tribunal struck out the respondent's defence to the holiday pay claim, framed as an unlawful deduction from wages, because it found the claim was in time and there was no defence to the agreed fact that the claimant had not been paid holiday pay. The value of that claim and the period recoverable were left for a remedy hearing.

The tribunal refused the remaining strike out applications. It made deposit orders in respect of the section 1 statement claim and the statutory sick pay claim, with reasons contained in a separate document, and declined to make a deposit order for the National Minimum Wage claim.

Claims and outcomes

6 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Disability discrimination	The tribunal declined to strike out the defence to the section 15 discrimination arising from disability claim and declined to make a deposit order; liability was not finally determined.	Other	Disability	—
Disability discrimination	The tribunal declined to strike out the defence to the section 13 direct discrimination claim; liability was not finally determined.	Other	Disability	—
Other	The claim for failure to provide a section 1 statement was not struck out, but a deposit order was made in separate reasons; liability was not finally determined.	Other	—	—
Holiday pay	The response was struck out insofar as it defended the unlawful deduction from wages claim regarding holiday pay. The value of the holiday pay claim was left to a remedy hearing.	Upheld	—	—
Unlawful deduction from wages	The tribunal declined to strike out the defence to the statutory sick pay element but made a deposit order in separate reasons; liability was not finally determined.	Other	—	—
Unlawful deduction from wages	The tribunal declined to strike out or make a deposit order on the National Minimum Wage element because evidence about the claimant's working pattern was needed; liability was not finally determined.

Legal tests applied

5 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

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