Case 3202124/2023 · Employment Tribunal
Miss K Liberdova v RSB Couriers Limited and 1 other — 2024
- Case reference
- 3202124/2023
- Decision date
- 20 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Iman Representation
Parties
3 namedClaimant
Miss K Liberdova
Respondents
Key findings
Tribunal's reasoningThe claim was issued in the East London Employment Tribunals on 15 November 2023. Neither Respondent presented a valid response on time and neither attended the final hearing on 23 and 24 April 2024, so the Employment Judge proceeded under rule 21 of the Employment Tribunals Rules of Procedure 2013. The Tribunal found that a relevant transfer under TUPE 2006 had occurred from the First Respondent (RSB Couriers Limited) to the Second Respondent (Mr Raul Sebastian Balan) on 21 February 2023.
The Tribunal upheld the complaint of unauthorised deductions from wages, finding that the Second Respondent had failed to pay the National Minimum Wage (£441) and had failed to pay wages of £1,750 gross for the period 26 June 2023 to 20 August 2023. The Tribunal also found the Second Respondent in breach of contract under Article 4 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, for failing to repay £4,000 owed under loan agreements and a £240 delivery fee.
The Tribunal found that the Second Respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and applied a 25% uplift to the compensatory award under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992, producing an uplift of £1,607.75 and a total award of £8,038.75. The Claimant's application to stay proceedings in respect of tax and National Insurance contributions owed to HMRC was refused, the Tribunal noting it had no jurisdiction over such contributions.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Comprises £441 for failure to pay the National Minimum Wage and £1,750 gross unpaid wages for the period 26 June 2023 to 20 August 2023 (£4,200 less £2,450 already paid). Second Respondent responsible for deducting tax and NI at source in respect of the £1,750. | Upheld | — | £2,191 |
| Breach of contract | Under Article 4 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994: £4,000 owed under loan agreements and £240 unpaid delivery fee. | Upheld | — | £4,240 |
Remedy
Monetary award- Total award
- £8,039
- across all upheld claims
Legal tests applied
5 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- Transfer of Undertakings (Protection of Employment) Regulations 2006
- Article 4 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s.207A Trade Union and Labour Relations (Consolidation) Act 1992
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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