Case 3200341/2025 · Employment Tribunal
Ms N Shpak v E11 Backstage Studio Limited — 2026
- Case reference
- 3200341/2025
- Decision date
- 26 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Reid Dated
Parties
2 namedClaimant
Ms N Shpak
Respondent
Key findings
Tribunal's reasoningThe Tribunal refused Ms Shpak’s application to reconsider the judgment sent to the parties on 24 April 2026 because there was no reasonable prospect of the original decision being varied or revoked. It found that the original judgment had already addressed whether time spent at or near the salon, including gaps between pre-booked appointments and days without bookings, constituted payable “time work” under Regulation 32 of the National Minimum Wage Regulations 2015.
The Tribunal maintained its finding that Ms Shpak became entitled to payment for idle time from 1 January 2025. Although she had been a worker throughout the relationship, the Tribunal distinguished worker status from an obligation to attend or remain at the salon when she had no pre-booked appointments. It found that she was not required to attend without a booking up to at least 22 November 2024, but that evidence of increased control from January 2025 supported a finding that the attendance requirement was in place from 1 January 2025.
Liability for idle-time pay from the identified start date remained determined, while the amount had not yet been fixed. The remedy hearing remained listed for 25 June 2026 unless the parties agreed a settlement. The Tribunal indicated that the calculation would ordinarily use the hours claimed by Ms Shpak, subject to mathematical correction or evidence that she was absent or the salon was closed. No monetary award was recorded in this reconsideration judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The idle-time claim was upheld as to liability from 1 January 2025, subject to calculation at a remedy hearing. The reconsideration application seeking an earlier start date was refused. Paragraph 8 refers to 1 January 2026, although the judgment otherwise repeatedly identifies 1 January 2025 as the relevant date. | Upheld | — | — |
Legal tests applied
3 references- No reasonable prospect of the original decision being varied or revoked
- Regulation 32 of the National Minimum Wage Regulations 2015
- Rule 70(2) Tribunal Rules 2024
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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