Case 3300355/2021 · Employment Tribunal
Claimant v Tom’s Kitchen CCS Ltd — 2022
- Case reference
- 3300355/2021
- Decision date
- 26 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hutchings
- Venue
- Cambridge
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe case was heard at Cambridge on 25 and 26 April 2022 before Employment Judge Hutchings sitting alone. The judgment covered two claimants against Tom’s Kitchen CCS Ltd: Ms Carey in case no. 3300355/2021 and Mr Riley in case no. 3301502/2021.
Ms Carey’s breach of contract claim failed because the tribunal found she was not entitled to any contractual payments. Her unlawful deduction from wages claim succeeded by consent: the tribunal recorded a payment of £295.26, described as the deduction due to a miscalculation of wages under the flexible furlough agreement.
Ms Carey’s constructive dismissal complaint also failed. The tribunal held that her employment did not terminate by reason of a fundamental breach of contract by the respondent. Mr Riley’s unfair dismissal claim failed because the tribunal found that the respondent did not dismiss him.
Mr Riley’s breach of contract claim for notice pay failed because the tribunal found he had not been dismissed by reason of redundancy or at all. His unlawful deduction from wages claim failed because the tribunal found the respondent did not owe him any money for wages. His holiday pay claim also failed because it was out of time.
Claims and outcomes
7 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Claimant 1 (Ms Carey): claim for breach of contract was not upheld; the tribunal said she was not entitled to any contractual payments. | Dismissed | — | — |
| Unlawful deduction from wages | Claimant 1 (Ms Carey): the unlawful deduction from wages complaint was well founded. By consent, the respondent was to pay £295.26, being the deduction due to a miscalculation of wages under the flexible furlough agreement. | Upheld | — | £295 |
| Constructive dismissal | Claimant 1 (Ms Carey): constructive dismissal was not well founded; the tribunal found her employment did not terminate by reason of a fundamental breach by the respondent. | Dismissed | — | — |
| Unfair dismissal | Claimant 2 (Mr Riley): unfair dismissal was not well founded because the tribunal found the respondent did not dismiss him. | Dismissed | — | — |
| Breach of contract | Claimant 2 (Mr Riley): breach of contract claim for notice pay was not well founded; the tribunal found he had not been dismissed by reason of redundancy or at all. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £295
- 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.
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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