Case 2500401/2023 · Employment Tribunal
Mr. M.Lupyna (1) Mr V. Lupyna (2) v Safe Strip UK Limited — 2023
- Case reference
- 2500401/2023
- Decision date
- 11 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T.R. Smith
- Venue
- Newcastle
Parties
2 namedClaimant
Mr. M.Lupyna (1) Mr V. Lupyna (2)
Respondent
Key findings
Tribunal's reasoningOn the first claimant's unlawful deduction from wages complaint, the tribunal found that non-payment of salary from 02 December 2022 until 13 January 2023 was well-founded and ordered payment of £2,880. On the second claimant's wage claims, it found that non-payment of a guarantee payment and non-payment of salary from 02 December 2022 until 21 December 2022 were both well-founded, with awards of £155 and £1,768 respectively.
The tribunal dismissed the second claimant's holiday pay complaint. It upheld the second claimant's unfair dismissal complaint, found that he did not cause or contribute to his dismissal, and held that any unfair dismissal award should be reduced by 75% on the Polkey principle from 27 January 2023. The extract does not state any quantified unfair dismissal award.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The judgment records that the first claimant's complaint of non-payment of salary from 02 December 2022 until 13 January 2023 was well-founded, but the order sentence states that the respondent is ordered to pay the second claimant £2,880. | Upheld | — | £2,880 |
| Unlawful deduction from wages | The second claimant's complaint concerned non-payment of a guarantee payment. | Upheld | — | £155 |
| Unlawful deduction from wages | The second claimant's complaint concerned non-payment of salary from 02 December 2022 until 21 December 2022. | Upheld | — | £1,768 |
| Holiday pay | The second claimant's holiday pay complaint was found not well-founded and dismissed. | Dismissed | — | — |
| Unfair dismissal | The second claimant's unfair dismissal complaint was well-founded; the tribunal found he did not cause or contribute to his dismissal and said any award should be reduced by 75% on the Polkey principle from 27 January 2023. No quantified unfair dismissal award is stated in the extract. | Upheld | — | — |
Legal tests applied
1 reference- Polkey -v- AE Dayton Services Ltd 1988 ICR 142
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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