Case 6000867/2023 · Employment Tribunal
Mr T Lynch v Mr N A Constantino trading as Sea & Earth Chip Shop — 2023
- Case reference
- 6000867/2023
- Decision date
- 30 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hutchinson
- Venue
- Nottingham
Parties
2 namedClaimant
Mr T Lynch
Key findings
Tribunal's reasoningEmployment Judge Hutchinson, sitting alone at Nottingham on 11 August 2023, heard the claim of Mr T Lynch against Mr N A Constantino trading as Sea & Earth Chip Shop. The respondent did not appear. The judge amended the respondent's name to Mr Nikolas Alex Constantinou trading as Sea and Earth Chip Shop and recorded that the claims of age discrimination and sex discrimination were withdrawn and dismissed.
The tribunal found that the claimant had suffered an unlawful deduction of wages and ordered the respondent to pay £576.80 gross. It further found that the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £1,064, and that the claimant had been dismissed in breach of contract in respect of notice, ordering compensation of £190. The tribunal also found that the respondent had failed to provide a statement of terms and conditions of employment contrary to section 1 of the Employment Rights Act 1996 and ordered payment of £380.
The total sum of compensation payable by the respondent to the claimant was recorded as £2,210.80. Written reasons were not provided, as reasons were given orally at the hearing and no qualifying request was noted.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Age discrimination | Claim withdrawn and dismissed. | Withdrawn | Age | — |
| Sex discrimination | Claim withdrawn and dismissed. | Withdrawn | Sex | — |
| Unlawful deduction from wages | Tribunal ordered payment of £576.80 gross for unlawful deduction of wages. | Upheld | — | £577 |
| Holiday pay | Respondent failed to pay holiday entitlement; ordered to pay £1,064. | Upheld | — | £1,064 |
| Breach of contract | Claimant dismissed in breach of contract in respect of notice; compensation of £190 ordered. | Upheld | — | £190 |
| Other | Failure to provide a statement of terms and conditions of employment contrary to section 1 of the Employment Rights Act 1996; £380 ordered. Not a discrete listed claim_type in the §4.4 taxonomy. | Upheld | — | £380 |
Remedy
Monetary award- Total award
- £2,211
- across all upheld claims
Legal tests applied
1 reference- Section 1 of the Employment Rights Act 1996
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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