Case 3300337/2023 · Employment Tribunal
Mr A Quadrano v Onriver (UK) Limited — 2024
- Case reference
- 3300337/2023
- Decision date
- 7 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gumbiti-Zimuto Appearances
- Venue
- Reading
Parties
2 namedClaimant
Mr A Quadrano
Respondent
Key findings
Tribunal's reasoningMr A Quadrano brought complaints about holiday pay and arrears of pay, and the reasons also addressed a redundancy pay complaint. The final hearing took place on 12 December 2023 before Employment Judge Gumbiti-Zimuto, with an interpreter for the claimant. Although the claimant had not produced a witness statement, the tribunal allowed the case to proceed with oral evidence from both sides.
On the wages issue, the tribunal found that the claimant had given notice of termination around 5 November 2022 and worked through to 4 December 2022 at the latest. It accepted evidence of a payment made on 7 November 2022 for the earlier pay period, and found that the claimant was entitled to gross pay of £4,640.81 made up of salary up to 5 December, tips and gratuities, and business expenses. The tribunal rejected any deduction for a company loan because there was no sufficient evidence that such a loan existed.
The tribunal therefore held that the respondent had made an unauthorised deduction from wages and ordered Onriver (UK) Limited to pay £4,640.41 gross, with the net amount to satisfy the judgment debt if tax and national insurance were paid to HMRC. It also noted that the respondent should receive credit for £1,000 already paid.
The holiday pay claim was dismissed because the tribunal was not satisfied, on the evidence presented, that the claimant had proved entitlement to a further award of 152 hours holiday pay. The reasons also stated that the redundancy pay complaint was not made out because there was no redundancy and the claimant did not have qualifying employment for such a claim.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages and ordered £4,640.41 gross. It stated that payment of the net amount would meet the judgment debt if the respondent paid the tax and national insurance due to HMRC, and that the respondent should be given credit for the £1,000 already paid. | Upheld | — | £4,640 |
| Holiday pay | The tribunal was not satisfied that the claimant had shown entitlement to a further award of 152 hours holiday pay. | Dismissed | — | — |
| Redundancy | The reasons stated that there was no redundancy and that the claimant did not have the qualifying employment for a redundancy payment. The operative judgment did not contain a separate redundancy order. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £4,640
- across all upheld claims
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.
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