Case 3200721/2024 · Employment Tribunal
Ms K Ciesielska v Sabio Recruitment Ltd (Company No 14556744) — 2024
- Case reference
- 3200721/2024
- Decision date
- 8 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge A Allen KC
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Ms K Ciesielska
Key findings
Tribunal's reasoningThe Claimant, Ms K Ciesielska, was engaged by Sabio Recruitment Ltd from 16 October 2023 under a contract providing for weekly payment at £10.42 per hour. Although the contract was framed as zero hours, she in fact worked a standard 37-hour week Monday to Friday at Teledyne and was paid weekly until February 2024. The Respondent did not attend the hearing and had not responded to the claim; the tribunal was satisfied it had received notification.
The tribunal found that the Respondent had no right to unilaterally move the Claimant to monthly pay and had breached the contract by failing to pay her for the weeks commencing 5 and 12 February 2024. The Claimant was therefore not in breach by resigning on 20 February 2024 and was not required to give notice. The tribunal also found that no holiday pay had been paid during the employment or on termination.
The tribunal ordered the Respondent to pay £771.08 in unpaid wages for the two unpaid weeks and £484.53 for accrued holiday entitlement at termination, totalling £1,255.61 gross. The tribunal described conduct by the Respondent's director in invoicing the Claimant for an unspecified 'fine' of £3,657.42 and threatening referral to debt collectors and a CCJ as 'oppressive and reprehensible' and not based on any right the Respondent possessed.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unpaid wages for weeks commencing 5 February and 12 February 2024 (37 hours + 37 hours at £10.42/hour). Respondent did not attend and had not paid the claimant after unilaterally purporting to move her from weekly to monthly pay. | Upheld | — | £771 |
| Holiday pay | Accrued but untaken holiday pay at termination: 46.5 hours at £10.42/hour, calculated on a pro rata basis from a 5.6 week annual entitlement over approximately 4 months' employment, after accounting for 22.5 hours of holiday already taken in the week commencing 5 February 2024. | Upheld | — | £485 |
| Breach of contract | Tribunal found the Respondent breached the contract by failing to pay weekly wages as required and had no right to unilaterally move the Claimant to monthly pay; the Claimant was therefore not in breach by resigning without notice. No separate monetary award attributable solely to this head; the £1,255.61 total comprises the unpaid wages and accrued holiday pay components. | Upheld | — | — |
| Working time regulations | Holiday entitlement was addressed under the Working Time framework (5.6 weeks statutory entitlement). The monetary remedy is captured under the holiday_pay claim above; no additional award is attributed to a separate working time head. | Upheld | — | — |
Remedy
Monetary award- Total award
- £1,256
- 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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