Case 3302809/2023 · Employment Tribunal
Claimant v A Gonzalez v Bright Learners Montessori Nursery Ltd — 2023
- Case reference
- 3302809/2023
- Decision date
- 2 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Quill Date
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningThe claimant presented her claim on 28 March 2023 after early conciliation between 7 February 2023 and 21 March 2023. The tribunal noted minor differences in the respondent's name between the ACAS certificate and the claim form, but was satisfied that the intended respondent was Bright Learners Montessori Ltd and that the claim had been correctly served at an appropriate address. The respondent did not respond to the claim.
On the holiday claim, the judge accepted the claimant's unchallenged information and found an underpayment of £719 gross arising from the payment in lieu of holiday. That claim was held to be well-founded and in time, and the respondent was ordered to pay £719 subject to any lawfully required PAYE deductions, but without any other deduction or set-off.
The separate complaint for £500 said to relate to time and administrative costs of chasing payment, and to distress and hardship caused by non-payment, was dismissed because the tribunal said it had no jurisdiction to award damages or compensation on that basis. The judge noted that Rules 74 to 84 concern costs and preparation time orders, but the claim form was not treated as an application for such an order. The judgment also referred to a further claim for £1,505 linked to alleged pension rights and alleged interest, but said the basis was unclear and that this would need to be determined at a later hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The tribunal found an underpayment of £719 gross from the payment in lieu of holiday and ordered payment subject to any lawfully required PAYE deductions, with no other deduction or set-off. | Upheld | — | £719 |
| Other | The complaint seeking £500 for time and administrative costs chasing payment, and for distress and hardship caused by non-payment, was held to be outside the tribunal's jurisdiction. The judge noted that although costs/preparation time orders exist in Rules 74 to 84, the claim form was not treated as an application for such an order. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £719
- 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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