Case 2502184/2020 · Employment Tribunal
Miss A Mirueta v Sambuca Chelest Limited Heard: Remotely by video — 2021
- Case reference
- 2502184/2020
- Decision date
- 26 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Shore Representation
Parties
2 namedClaimant
Miss A Mirueta
Key findings
Tribunal's reasoningThe claimant, Miss A Mirueta, brought claims against Sambuca Chelest Limited which were heard remotely by video on 26 February 2021. The tribunal first held that it was not reasonably practicable for her to present the claim within the section 23 Employment Rights Act 1996 time limit, and that she had presented it within a further reasonable period.
The tribunal upheld the claimant’s unlawful deduction of wages claim so far as it related to National Minimum Wage underpayment. It found that she should have been paid at least £8.21 per hour for 12.5 hours per day, which the tribunal calculated as £718.28 gross per week. Instead, she was paid £60.00 per day, or £420.00 per week, producing an underpayment of £298.28 gross per week. The claimant worked from 19 August 2019 to 24 February 2020, a period of 27 weeks, and the tribunal awarded £8,056.26 gross before deductions.
The tribunal also upheld the claimant’s unlawful deduction of wages claim for failure to pay holiday pay. Using the same dates and rates of pay, it found that she accrued 14.6 days’ holiday, calculated at £102.70 per day gross. Holiday entitlement was rounded up to 15 days, producing an award of £1,540.50 gross before deductions. The total awarded was therefore £9,596.76 gross.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim succeeded on the basis that the claimant was paid £60.00 per day rather than at least the prevailing National Minimum Wage of £8.21 per hour for 12.5 hours per day, leading to an underpayment of £298.28 per week over 27 weeks. | Upheld | — | £8,056 |
| Unlawful deduction from wages | Claim succeeded for unpaid holiday pay. The tribunal calculated accrued holiday of 14.6 days, rounded up to 15 days, at £102.70 per day. | Upheld | — | £1,541 |
Remedy
Monetary award- Total award
- £9,597
- across all upheld claims
Legal tests applied
3 references- section 23 Employment Rights Act 1996
- not reasonably practicable
- further reasonable period
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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