Case 2415213/2020 · Employment Tribunal
Mr Dariusz Drop & Mrs Karen Drop v Jintana Ltd — 2021
- Case reference
- 2415213/2020
- Decision date
- 10 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Newstead Taylor
Parties
2 namedClaimant
Mr Dariusz Drop & Mrs Karen Drop
Respondent
Key findings
Tribunal's reasoningOn 13 January 2021 the tribunal had found that Jintana Ltd had made unlawful deductions from Mr Drop’s and Mrs Drop’s wages and had ordered payment of £913.15 and £1,019.88 respectively. The respondent then applied for reconsideration, saying the calculations had double counted holiday pay included in the 20 July 2020 payslips.
Applying Rules 70 to 73 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, and the 'interests of justice' approach discussed in Outasight VB Ltd v Brown, the judge granted reconsideration. The tribunal accepted that holiday pay in Mr Drop’s 20 July 2020 payslip and part of the holiday pay in Mrs Drop’s 20 July 2020 payslip had been double counted in the original figures.
The tribunal found that neither claimant had taken holiday while on furlough or at all, and recalculated the offsets and ACAS uplift. It then varied the judgment so that the respondent was ordered to pay Mr Drop £782.40 gross and Mrs Drop £965.22 gross. The original judgment paragraphs were amended accordingly.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | On reconsideration, the tribunal varied the original award from £913.15 to a gross sum of £782.40 after correcting for double-counted holiday pay. | Upheld | — | £782 |
| Unlawful deduction from wages | On reconsideration, the tribunal varied the original award from £1,019.88 to a gross sum of £965.22 after correcting for double-counted holiday pay. | Upheld | — | £965 |
Remedy
Monetary award- Total award
- £1,748
- across all upheld claims
Legal tests applied
5 references- Rules 70 to 73 Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013
- interests of justice
- Outasight VB Ltd v Brown
- overriding objective
- natural justice and fairness
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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