Case 3205183/2022 · Employment Tribunal
Ms Magdalena Jakobas v Morgarten Restaurants (Chelmsford) Ltd — 2023
- Case reference
- 3205183/2022
- Decision date
- 15 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge B Elgot Representation
Parties
2 namedClaimant
Ms Magdalena Jakobas
Respondent
Key findings
Tribunal's reasoningAt a remote hearing on 14 March 2023, Employment Judge B Elgot dealt only with the claimant’s three remaining claims for unpaid wages, holiday pay and notice pay. The judge held that it was not reasonably practicable for the claimant to present those complaints within the ordinary three-month time limit as extended by ACAS Early Conciliation, and extended the relevant time limit to 1 October 2022.
The tribunal did not decide the merits of those claims. Instead, it adjourned the hearing because the claim needed to be re-served on the claimant’s actual employer, Morgarten Restaurants (Lakeside) Ltd, whose name appeared on the contract of employment and payslips and which traded as Bourgee restaurant at Thurrock Shopping Centre. The case was to be re-listed for two hours by CVP after that employer had an opportunity to receive the claims and respond.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal extended time to 1 October 2022 for the remaining unpaid wages claim and adjourned it; no merits finding was made. | Other | — | — |
| Holiday pay | The tribunal extended time to 1 October 2022 for the remaining holiday pay claim and adjourned it; no merits finding was made. | Other | — | — |
| Breach of contract | The tribunal extended time to 1 October 2022 for the remaining notice pay claim and adjourned it; no merits finding was made. | Other | — | — |
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
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