Case 3309317/2023 · Employment Tribunal

Claimant v Buon Appetito Reading Ltd — 2025

Case reference: 3309317/2023
Decision date: 24 April 2025
Jurisdiction: England & Wales
Judge: Employment Judge Shastri-Hurst Date

Indexed: 21 May 2026

Parties

2 named

Claimant

Respondent

Buon Appetito Reading Ltd

Key findings

Tribunal's reasoning

The claim was presented in the Watford Employment Tribunal on 28 July 2023. The respondent failed to present a valid response on time, and the Employment Judge decided that a determination could properly be made under rule 22 of the Rules of Procedure without a hearing.

The tribunal upheld the complaint of unauthorised deductions from wages. It found that the respondent made unauthorised deductions in March and April 2023 and ordered payment of £2,310, being the gross sum deducted. The claimant was responsible for any tax or National Insurance on that sum.

The tribunal also upheld the notice pay and holiday pay complaints. It awarded £420 for breach of contract in relation to notice pay, calculated using gross pay to reflect the likelihood of tax on Post Employment Notice Pay. It further awarded £159.60 for holiday pay, calculated by reference to the pro-rated holiday entitlement from 6 April 2023 to 30 April 2023, and noted that there was no contractual entitlement to roll over holiday from the previous holiday year.

The complaint that the respondent failed to pay a contractual redundancy payment was struck out because the claimant did not have the requisite two years' service under s155 of the Employment Rights Act 1996. The unfair dismissal complaint was also struck out for the same service reason under s108 of the Employment Rights Act 1996.

Claims and outcomes

5 findings recorded

This 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	Unauthorised deductions from wages were found for March and April 2023. The award was the gross sum deducted, and the claimant is responsible for tax or National Insurance.	Upheld	—	£2,310
Breach of contract	Breach of contract claim in relation to notice pay. Damages were calculated using gross pay to reflect the likelihood of tax on Post Employment Notice Pay.	Upheld	—	£420
Holiday pay	Holiday pay was awarded on a pro-rated basis from 6 April 2023 to 30 April 2023. The tribunal said there was no contractual entitlement to roll over holiday from the previous holiday year.	Upheld	—	£160
Breach of contract	Complaint that the respondent failed to pay a contractual redundancy payment. It was struck out because the claimant did not have the requisite two years' service under s155 of the Employment Rights Act 1996.	Struck out	—	—
Unfair dismissal	Struck out because the claimant did not have the requisite two years' service under s108 of the Employment Rights Act 1996.	Struck out	—	—

Remedy

Monetary award

Total award: £2,890; across all upheld claims

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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