Case 3200407/2024 · Employment Tribunal
Mr J E Puerta Franco v Harrow Hospitality Limited t/a Stay Restaurant — 2024
- Case reference
- 3200407/2024
- Decision date
- 20 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Park
Parties
2 namedClaimant
Mr J E Puerta Franco
Key findings
Tribunal's reasoningThe claim was issued in the East London Employment Tribunals on 19 February 2024. The respondent did not present a valid response on time, and the Employment Judge determined the claim under rule 21 of the Employment Tribunals Rules of Procedure 2013.
On the merits, the tribunal found that the respondent had made unauthorised deductions from wages and awarded £403.85 gross. It also found that the claimant had been dismissed in breach of contract in respect of notice, awarding £673.07 gross, and that holiday entitlement had not been paid, awarding £313.65 gross.
The tribunal further found that the respondent had not provided a written statement of employment particulars. The claimant succeeded on claims under Schedule 5 Employment Act 2002, and compensation was awarded at the level of two weeks' pay, namely £1,346.14.
The unfair dismissal claim was dismissed because the tribunal found that the claimant did not have two years' continuous service when his employment ended, so the tribunal had no jurisdiction to hear that claim. The total sum payable was £2,736.71 gross.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages and ordered payment of £403.85 gross. | Upheld | — | £404 |
| Breach of contract | The tribunal found the claimant had been dismissed in breach of contract in respect of notice and awarded £673.07 gross damages. | Upheld | — | £673 |
| Holiday pay | The tribunal found the respondent had failed to pay the claimant's holiday entitlement and ordered £313.65 gross. | Upheld | — | £314 |
| Other | The claimant succeeded on a claim under Schedule 5 Employment Act 2002 for failure to provide a written statement of employment particulars; compensation was awarded at the level of two weeks' pay. | Upheld | — | £1,346 |
| Unfair dismissal | Dismissed because the tribunal found the claimant did not have two years' continuous service at the date employment terminated, so it had no jurisdiction to hear the unfair dismissal claim. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £2,737
- across all upheld claims
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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