Case 3303825/2024 · Employment Tribunal
Mr J Botcherby v Ooshh studio Ltd — 2025
- Case reference
- 3303825/2024
- Decision date
- 13 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Quill Approved
Parties
2 namedClaimant
Mr J Botcherby
Respondent
Key findings
Tribunal's reasoningThe tribunal found that Ooshh studio Ltd had made an unauthorised deduction from Mr J Botcherby’s wages. It ordered the respondent to pay the gross sum of £8,333.32, recording that the wages properly payable to the claimant were £2,083.33 and that there had been complete non-payment for January, February, March and April 2024 by the date the claim was presented on 9 April 2024.
The tribunal dismissed the further allegation that there had been an additional unauthorised deduction based on unpaid commission on 1 January, 1 February, 1 March and 1 April 2024, or earlier. It found that the commission figures referred to in the offer correspondence were not a guaranteed monthly payment and that there were no further wages properly payable for those months beyond the sums identified in the upheld claim.
The tribunal also declined to grant an amendment to include sums for wages allegedly properly payable after 9 April 2024. It said that if Mr Botcherby contended he remained entitled to ongoing wages after April, and was still an employee who was not being paid, that issue would need to be pursued by way of a fresh claim form.
Claims and outcomes
2 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 |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages and ordered payment of the gross sum of £8,333.32. The calculation recorded that wages properly payable were £2,083.33 and that there had been a complete non-payment in January, February, March and April 2024 by the date the claim was presented on 9 April 2024. | Upheld | — | £8,333 |
| Unlawful deduction from wages | The separate allegation of an additional unauthorised deduction on 1 January, 1 February, 1 March and 1 April 2024, or earlier, based on unpaid commission, failed. The tribunal said the commission figures in the offer correspondence were not a guaranteed sum payable each month, and there were no further wages properly payable for those months beyond the sums accepted in paragraph 1. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £8,333
- 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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