Case 3313072/2021 · Employment Tribunal
In Person For the v Mr Kularatne (director of the company) — 2022
- Case reference
- 3313072/2021
- Decision date
- 7 July 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge R Wood Appearances
Parties
2 namedClaimant
In Person For the
Respondent
Key findings
Tribunal's reasoningMrs Preda claimed a total of £4,351.31 for unpaid hours, travel expenses, and holiday pay. The tribunal heard from the claimant and from Mr Budasca for the respondent, accepted that there had been a payslip error on holiday pay, and accepted the claimant's own concessions that some hours and mileage entries had been overstated or entered in error.
Applying the Deduction from Wages (Limitation) Regulations 2014, the tribunal held that the holiday-pay claim could only run from period 39/2020 onwards because there was a break of more than three months between September 2020 and January 2021. That left £594.11 recoverable for holiday pay, and after deducting the £299.09 already paid in July 2021 the tribunal found a net balance of £295.02 due.
The unpaid-hours claim was dismissed. The tribunal found the last relevant deduction was on payslip 31/2020 dated 6 November 2020, held that the claim was not brought within the three-month time limit, and said it had been reasonably practicable for the claimant to have brought it in time. It also accepted the respondent's analysis that the claimant had been overpaid 55 hours over the course of her employment, apparently because shifts had been rounded up to 10 hours when fewer hours were recorded.
The travel-expenses claim was also dismissed. The tribunal found the last relevant mileage claim was period 37/2020, accepted that later entries were made after fuel cards had been issued from 16 November 2020, and said the claim was out of time. The only amount awarded was £295.02 net for unpaid holiday entitlement.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim for unpaid hours worked. The tribunal accepted the respondent's analysis that the claimant had been overpaid 55 hours over the course of her employment, and held the claim was out of time because the last relevant deduction was on payslip 31/2020 dated 6 November 2020. | Dismissed | — | — |
| Other | Claim for unpaid travel expenses/mileage reimbursement. The tribunal found the last relevant mileage claim was period 37/2020, noted that later entries were after fuel cards had been issued from 16 November 2020, and held the claim was out of time. | Dismissed | — | — |
| Holiday pay | Claim for unpaid holiday entitlement was allowed in part only. The tribunal limited recovery to period 39/2020 onwards because there was a break of more than three months between September 2020 and January 2021, accepted that £299.09 paid in July 2021 had to be deducted, and found a net balance of £295.02 due. | Upheld | — | £295 |
Remedy
Monetary award- Total award
- £295
- across all upheld claims
Legal tests applied
4 references- Deduction from Wages (Limitation) Regulations 2014
- three-month limitation period
- series of deductions
- reasonably practicable
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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