Case 3202271/2019 · Employment Tribunal
Mr K Liton v Tandoori Grill Limited — 2020
- Case reference
- 3202271/2019
- Decision date
- 21 February 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Goodrich
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr K Liton
Respondent
Key findings
Tribunal's reasoningMr K Liton presented claims for notice pay, holiday pay, arrears of pay, and failure to provide valid terms and conditions after lodging his ET1 on 25 September 2019. At the hearing on 3 February 2020 before Employment Judge Goodrich sitting alone, with a Bengali interpreter, the Respondent had not filed an ET3. Its director, Mr Ajay Saggar, attended and said the company had ceased trading on 9 October 2019 and had no assets. The tribunal considered Rule 21 of the Employment Tribunal Rules of Procedure and whether, on the material available, it could enter judgment for any part of the claim or should instead allow the Respondent to defend disputed issues.
The Respondent admitted that it owed the Claimant his last week's wages and some holiday pay. Judgment was therefore entered for £246.30 for unlawful deductions from wages and £200 for outstanding holiday pay, making a total award of £446.30. The judge accepted that there was some uncertainty about service of the papers, but was satisfied that the Respondent had provided a credible account of its position and had appeared to contest part of the claim.
The remaining claims for pay in lieu of notice and for failure to provide written terms and conditions were not finally determined at that hearing. Mr Saggar said the Claimant had resigned rather than been dismissed and that a contract of employment had been provided. The judge treated that as a reasonably arguable defence and gave the Respondent leave to defend the balance of the claim, with the Claimant given leave to restore the case for hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Judgment entered for the admitted sum of £246.30 for 30 hours' wages. The dispositive paragraph states £8.31 per hour, while the reasons section later refers to £8.21 per hour. | Upheld | — | £246 |
| Holiday pay | Judgment entered for the admitted sum of £200 outstanding holiday pay. | Upheld | — | £200 |
Remedy
Monetary award- Total award
- £446
- across all upheld claims
Legal tests applied
2 references- Rule 21 of the Employment Tribunal Rules of Procedure
- balance of probabilities
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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