Case 3201312/2022 · Employment Tribunal
Ms Eliza Islam v Becave Ltd — 2022
- Case reference
- 3201312/2022
- Decision date
- 26 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge B Elgot Representation
Parties
2 namedClaimant
Ms Eliza Islam
Respondent
Key findings
Tribunal's reasoningThe respondent did not present a response and did not appear at the telephone hearing. The Employment Judge issued judgment in default under Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and said the claims could properly be determined on the information provided by the claimant.
The claimant succeeded on the claim for unauthorised deductions from wages. The tribunal found she had been underpaid for October, November and December 2021 up to and including her summary dismissal without notice on 15 December 2021, and awarded £876.57 in unpaid wages.
The claim for holiday pay also succeeded. The tribunal found that holiday pay had accrued during the claimant's employment from 6 September 2021 to 15 December 2021, and awarded three days' paid annual leave at a gross daily rate of £86.80, totalling £260.40. The contractual notice pay claim succeeded as a breach of contract claim, with £5,642 awarded gross by reference to a weekly wage of £434 and an annual salary of £22,568.
The total payable within 28 days was £6,778.97. The remaining claims, for automatically unfair dismissal under section 103A Employment Rights Act 1996 and compensation for detriment under section 47B Employment Rights Act 1996, were not determined on the day because there was insufficient time, and the tribunal directed that a further one-day hearing be listed to decide liability and remedy if appropriate.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Tribunal found the claimant was underpaid for October, November and December 2021 up to her summary dismissal without notice on 15 December 2021. | Upheld | — | £877 |
| Holiday pay | Holiday pay accrued during employment from 6 September 2021 to 15 December 2021; tribunal awarded three days' paid annual leave at a gross daily rate of £86.80. | Upheld | — | £260 |
| Breach of contract | Claim succeeded for unpaid contractual notice pay; tribunal referred to a contractual right to three months' notice and calculated the sum gross by reference to weekly wage and annual salary. | Upheld | — | £5,642 |
Remedy
Monetary award- Total award
- £6,779
- across all upheld claims
Legal tests applied
3 references- Rule 21 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- section 103A Employment Rights Act 1996
- section 47B 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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