Case 3322737/2021 · Employment Tribunal
MRS D ASBREY v Mr Kuldeep Heer — 2023
- Case reference
- 3322737/2021
- Decision date
- 20 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Skehan Appearances
- Venue
- Watford
Parties
2 namedClaimant
MRS D ASBREY
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the respondent had made an unauthorised deduction from the claimant's wages in respect of arrears of pay from 1 August 2021 to 5 November 2021. It ordered the respondent to pay the claimant the gross/net sum of £4,884.82 within 14 days of the judgment.
The claimant's unfair dismissal claim and claim for accrued but untaken holiday entitlement were dismissed because the Employment Tribunal did not have jurisdiction to determine them. The judge recorded that the claimant's employment was ongoing and that no notice of termination of employment had been served when the ET1 was presented.
The tribunal also recorded that there was no identifiable claim in the claim form for detriment contrary to section 47B of the Employment Rights Act 1996. A letter sent in March or April 2023 raising an allegation of race discrimination said to have occurred in August 2021 was treated, at the claimant's request, as an application to amend the claim; that application was unsuccessful and dismissed, and no other claim remained for determination.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages in respect of arrears of pay from 1 August 2021 to 5 November 2021; ordered to be paid within 14 days. | Upheld | — | £4,885 |
| Unfair dismissal | Dismissed because the Employment Tribunal did not have jurisdiction to consider it; the claimant's employment was ongoing and no notice of termination had been served at the date of the ET1. | Dismissed | — | — |
| Holiday pay | Claim for accrued but untaken holiday entitlement dismissed for lack of jurisdiction; the claimant's employment was ongoing and no notice of termination had been served at the date of the ET1. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £4,885
- 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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