Case 2500345/2022 · Employment Tribunal
Ms. K Mieczkowska v 108 (Darlington) Limited T/A The Chinese Buffet — 2022
- Case reference
- 2500345/2022
- Decision date
- 1 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Newburn Representation
- Venue
- Newcastle CFCTC
Parties
2 namedClaimant
Ms. K Mieczkowska
Key findings
Tribunal's reasoningThe tribunal dealt with four heads of claim brought by Ms K Mieczkowska against 108 (Darlington) Limited t/a The Chinese Buffet (in voluntary liquidation). It dismissed the claim for unauthorised deduction from wages relating to the period 11 October 2021 to 14 February 2022, finding that claim not well founded. The hearing proceeded in the claimant's absence under Rule 47 of the Employment Tribunal Rules of Procedure 2013.
The tribunal recorded that the respondent accepted that sums were due to the claimant in respect of redundancy pay, notice pay and holiday pay. It therefore found the redundancy payment claim well founded and ordered £527.48, found the notice pay claim well founded and ordered £527.48 as four weeks' pay at an average weekly pay of £131.87 gross, and found the holiday pay claim well founded and ordered £512.97 as 3.89 weeks of holiday at an average weekly pay of £131.87 per week gross. The judgment records that tax and national insurance were to be deducted and accounted for on the gross sums where applicable.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim dismissed as not well founded in respect of the period 11 October 2021 to 14 February 2022. | Dismissed | — | — |
| Redundancy | The tribunal found the redundancy payment claim well founded and ordered £527.48; the respondent accepted sums were due. | Upheld | — | £527 |
| Breach of contract | Notice pay claim. The tribunal ordered £527.48, described as four weeks' pay at an average weekly pay of £131.87 gross; the judgment does not use a separate legal label for this head beyond notice pay. | Upheld | — | £527 |
| Holiday pay | The tribunal found the holiday pay claim well founded and ordered £512.97, described as 3.89 weeks of holiday at an average weekly pay of £131.87 per week gross. | Upheld | — | £513 |
Remedy
Monetary award- Total award
- £1,568
- across all upheld claims
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
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