Case 3327132/2019 · Employment Tribunal
In person For the v Gocode Academy Ltd — 2020
- Case reference
- 3327132/2019
- Decision date
- 19 November 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wyeth Appearances
- Venue
- Watford
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningMr D Soneji succeeded on two claims at a Rule 21 hearing before Employment Judge Wyeth. The tribunal found his claim for unauthorised deduction of wages, including failure to pay holiday entitlement, was well founded. For remedy purposes it accepted that his gross basic pay was £360 per week, that he had 28 days of unpaid annual leave, that he worked 89.5 hours in August 2019 at £8 per hour, and that he was also entitled by agreement to £80 per month for September, October and November 2019 for a software programme, server and labour.
The tribunal found that the respondent had made a payment of £200 on 9 September 2019, leaving a shortfall of £756 on the wages and contractual sums due. It awarded £756 for unpaid wages, £2,016 for 5.6 weeks' unpaid holiday, a 25% uplift of £693 for breach of the ACAS Code of Practice on Disciplinary and Grievance Procedures, and £11.94 interest under s24(2) ERA 1996. It also found that the respondent had failed to provide an accurate and complete written statement of terms in breach of s1 ERA 1996 and s38 EA 2002, and awarded two weeks' pay of £720 under s38 EA 2002. The total award was £4,196.94.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found the claim well founded in respect of unauthorised deduction of wages, including failure to pay holiday entitlement. It found gross basic pay of £360 per week, 28 days' unpaid annual leave, 89.5 hours worked in August 2019 at £8 per hour, and an agreed £80 per month for September, October and November 2019. After a £200 payment on 9 September 2019, the shortfall on the wages and holiday element was £756 in unpaid wages and £2,016 for unpaid holiday, with a 25% ACAS uplift and £11.94 interest added to the award. | Upheld | — | £3,477 |
| Other | The tribunal found the respondent failed to provide an accurate and complete written statement of terms in breach of s1 ERA 1996 and s38 EA 2002. It awarded two weeks' pay of £720 under s38 EA 2002. | Upheld | — | £720 |
Remedy
Monetary award- Total award
- £4,197
- across all upheld claims
Legal tests applied
6 references- Rule 21 of the Employment Tribunal Rules 2013
- s224 ERA 1996
- s24(2) ERA 1996
- s1 ERA 1996
- s38 EA 2002
- ACAS Code of Practice on Disciplinary and Grievance Procedures
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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