Case 6009314/2024 · Employment Tribunal
Miss L Pinkney v Amico Coffee Limited — 2025
- Case reference
- 6009314/2024
- Decision date
- 26 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Butler Date
Parties
2 namedClaimant
Miss L Pinkney
Respondent
Key findings
Tribunal's reasoningEmployment Judge M Butler determined the claims on the papers under Rule 22 of the Employment Tribunals Rules of Procedure 2024, cancelling the hearing previously listed for 23 and 24 June 2025. The tribunal found the complaints of unauthorised deductions from wages, breach of contract in relation to notice pay, unfair dismissal and holiday pay all well-founded against Amico Coffee Limited.
On the unfair dismissal claim the tribunal awarded a basic award of £313.84 and a compensatory award of £2,683.21, the latter comprising £2,439.28 for loss of earnings together with a 10% uplift of £243.93. The uplift was applied under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and that it was just and equitable to increase the compensatory award by the percentage set out in the claimant's schedule of loss.
The tribunal also found that when proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars and, finding no exceptional circumstances making such an award unjust or inequitable, made an award of two weeks' gross pay (£627.68) under s.38 of the Employment Act 2002. The total sum payable by the respondent to the claimant under the judgment is £4,882.05.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Gross sum of unauthorised deductions from wages; claimant responsible for any tax or NI. | Upheld | — | £473 |
| Breach of contract | Damages for breach of contract in relation to notice pay (£627.68), calculated on gross pay to reflect possible Post Employment Notice Pay tax. | Upheld | — | £628 |
| Unfair dismissal | Basic award of £313.84 plus compensatory award of £2,683.21 (£2,439.28 loss of earnings plus 10% ACAS uplift of £243.93 under s.207A TULR(C)A 1992 for unreasonable failure to comply with the ACAS Code). | Upheld | — | £2,997 |
| Holiday pay | Unauthorised deduction by failing to pay for holidays accrued but not taken on termination (£156.64). Claimant responsible for any tax or NI. | Upheld | — | £157 |
| Other | Section 38 Employment Act 2002 award of two weeks' gross pay (£627.68) for the respondent's breach of duty to provide a written statement of employment particulars when proceedings began; no exceptional circumstances making award unjust or inequitable. | Upheld | — | £628 |
Remedy
Monetary award- Total award
- £4,882
- across all upheld claims
- Basic award
- £314
- statutory, unfair dismissal
- Compensatory award
- £2,683
- compensatory remedy recorded
Legal tests applied
4 references- s.207A Trade Union & Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s.38 Employment Act 2002
- Rule 22 Employment Tribunals Rules of Procedure 2024
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
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