Case 2601489/2022 · Employment Tribunal
In person v Mr B W Taylor T/a Wendy’s Deli and Coffee — 2022
- Case reference
- 2601489/2022
- Decision date
- 23 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ayre
Parties
2 namedClaimant
In person
Key findings
Tribunal's reasoningThe claimant was employed by the respondent from 6 July 2021 until 1 June 2022, when she was dismissed with immediate effect. The tribunal found she was entitled to one week's statutory notice and that her conduct in relation to a van accident on 26 April 2022 did not amount to gross misconduct or entitle the respondent to terminate without notice.
The tribunal found that the claimant had not been paid all sums properly payable before termination. She was owed four days' normal pay for the week commencing 23 May 2022 and one additional hour's pay for the week commencing 30 May 2022, amounting to £313.50 gross.
The tribunal also allowed the claimant to pursue holiday pay and found she was entitled to 2.5 days' accrued holiday for 2022 and 2 days carried over from 2021. The total award was £380 notice pay, £313.50 unpaid wages, and £342 holiday pay, making £1,035.50 gross subject to lawful deductions for tax and national insurance.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the respondent breached the claimant's contract by dismissing her without one week's notice or payment in lieu of notice. | Upheld | — | £380 |
| Unlawful deduction from wages | The tribunal found an unlawful deduction from wages for four days in the week commencing 23 May 2022 and one additional hour in the week commencing 30 May 2022. | Upheld | — | £314 |
| Holiday pay | The tribunal found the claimant was entitled to 4.5 days' holiday pay on termination. The judgment also described this failure as an unlawful deduction from wages. | Upheld | — | £342 |
Remedy
Monetary award- Total award
- £1,036
- across all upheld claims
Legal tests applied
5 references- Article 3 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994
- section 13 Employment Rights Act 1996
- section 23 Employment Rights Act 1996
- section 86 Employment Rights Act 1996
- section 86(6) Employment Rights Act 1996
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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