Case 3201151/2023 · Employment Tribunal
Mr N Dahbi v Bardwood Support Services Limited — 2023
- Case reference
- 3201151/2023
- Decision date
- 19 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Volkmer Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr N Dahbi
Respondent
Key findings
Tribunal's reasoningMr N Dahbi’s holiday pay complaint succeeded. Employment Judge Volkmer found that the Respondent had made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when his employment ended. The tribunal ordered payment of £388.86 and recorded that the Claimant was responsible for any tax or National Insurance due on that sum.
The tribunal also found that the Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. It therefore increased the compensatory award by 25%, which was stated as £97.22, under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
In addition, the tribunal held that when the proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. It found that there were no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable, and it declined to make an award of four weeks' gross pay. The sum awarded under section 38 Employment Act 2002 was £612.26.
The bottom-line financial award recorded by the judgment was £1,098.34 in total, made up of the holiday pay award, the ACAS uplift, and the section 38 award for the missing written particulars.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The tribunal held that the holiday pay complaint was well-founded because the Respondent failed to pay for holidays accrued but not taken when the employment ended; it ordered payment of £388.86. | Upheld | — | £389 |
| Other | The tribunal found that, when proceedings began, the Respondent was in breach of its duty to provide a written statement of employment particulars and awarded two weeks' gross pay under section 38 Employment Act 2002. | Upheld | — | £612 |
Remedy
Monetary award- Total award
- £1,098
- across all upheld claims
- Compensatory award
- £486
- compensatory remedy recorded
Legal tests applied
2 references- s 207A Trade Union & Labour Relations (Consolidation) Act 1992
- section 38 Employment Act 2002
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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