Case 6003068/2025 · Employment Tribunal
Miss J Jackson v Mr D Clarke T/A The Polly Tearooms — 2025
- Case reference
- 6003068/2025
- Decision date
- 26 November 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gray-Jones Representation
Parties
2 namedClaimant
Miss J Jackson
Respondent
Key findings
Tribunal's reasoningEmployment Judge D Gray-Jones heard this claim against a sole trader trading as The Polly Tearooms. Three complaints were upheld but the basic pay deduction of £144.23 (1 September to 5 October 2024) and the statutory holiday pay claim of £281.36 had already been paid by the time of judgment, so no payment was ordered for those heads. The complaint of unauthorised deductions in respect of tips and gratuities was upheld in the gross sum of £150 less £50 already paid, ordering the respondent to pay the £100 balance. The respondent was also found in breach of its duty under s.1 ERA to issue a statement of employment particulars, attracting an award of two weeks' gross pay of £849.12 (2 x £424.56) under s.38 Employment Act 2002. Total ordered to be paid £949.12.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Basic pay deductions of £144.23 net for period 01 September - 05 October 2024 under Part II ERA; subsequently paid so no order for payment. | Upheld | — | — |
| Holiday pay | Statutory holiday pay £281.36 under reg 30 WTR 1998; subsequently paid so no order for payment. | Upheld | — | — |
| Unlawful deduction from wages | Tips and gratuities deductions £150 gross less £50 already paid; £100 outstanding. | Upheld | — | £100 |
| Other | Failure to provide statement of particulars under s.1 ERA; two weeks' gross pay (2 x £424.56) under s.38 Employment Act 2002. | Upheld | — | £849 |
| Unlawful deduction from wages | Basic pay deductions of £144.23 net for period 01 September - 05 October 2024 under Part II ERA; subsequently paid so no order for payment. | Upheld | — | — |
| Holiday pay | Statutory holiday pay £281.36 under reg 30 WTR 1998; subsequently paid so no order for payment. | Upheld | — | — |
| Unlawful deduction from wages | Tips and gratuities deductions £150 gross less £50 already paid; £100 outstanding. |
Remedy
Monetary award- Total award
- £949
- across all upheld claims
Legal tests applied
4 references- Part II Employment Rights Act 1996
- regulation 30 Working Time Regulations 1998
- s.1 Employment Rights Act 1996
- s.38 Employment Act 2002
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.