Case 2600345/2021 · Employment Tribunal
Mrs K Wegrzyniak v Solus Facilities Limited trading as Eco Cleaning Services FINAL MERITS HEARING (CONDUCTED BY CLOUD VIDEO PLATFORM) Heard: By Cloud Video platform Regi — 2021
- Case reference
- 2600345/2021
- Decision date
- 4 June 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Broughton Appearances
Parties
2 namedKey findings
Tribunal's reasoningThe tribunal corrected the respondent’s name to Solus Facilities Limited. It upheld the claimant’s claim for unlawful deduction of wages and/or breach of contract arising from a unilateral variation that reduced her working days between 14 April 2020 and 30 October 2020, and ordered payment of £3,335.40 gross. It also upheld her separate claim for unpaid wages on 27 and 30 October 2020 and ordered payment of £78.48 gross.
The tribunal further upheld the claimant’s claim for unpaid holiday taken in 2020 under the Working Time Regulations 1998 and/or as an unlawful deduction from wages, awarding £356.16 gross. By contrast, the claim for unpaid holiday taken in 2019 which remained unpaid on termination was dismissed because it was brought out of time.
The tribunal upheld the claim for payment in lieu of holiday accrued at termination. It found that the claimant was permitted to carry over untaken 2019 annual leave because the respondent had not given her an effective opportunity to take it, applying regulations 13 and 14 of the Working Time Regulations 1998. It awarded £554.17 gross for that carried-over leave and £745.56 gross for holiday accrued in 2020 under regulations 13, 13A and 14. The total award was £5,069.77 gross.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim described as unlawful deduction of wages and/or breach of contract following a unilateral variation to contractual terms reducing working days between 14 April 2020 and 30 October 2020. | Upheld | — | £3,335 |
| Unlawful deduction from wages | Unpaid wages on 27 and 30 October 2020. | Upheld | — | £78 |
| Holiday pay | Unpaid holiday taken in 2020 under the Working Time Regulations 1998 and/or as an unlawful deduction from wages. | Upheld | — | £356 |
| Holiday pay | Unpaid holiday taken in 2019 which remained unpaid on termination; dismissed as out of time. | Dismissed | — | — |
| Holiday pay | Payment in lieu of holiday accrued at termination. The award comprised £554.17 gross for untaken 2019 annual leave carried over because the respondent had not given an effective opportunity to take it, and £745.56 gross for holiday accrued in 2020. | Upheld | — | £1,300 |
Remedy
Monetary award- Total award
- £5,070
- across all upheld claims
Legal tests applied
1 reference- Working Time Regulations 1998, regulations 13, 13A and 14
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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