Case 6009668/2025 · Employment Tribunal
Mr H Khatri v Rathakrishnan Gopalakrishnan — 2026
- Case reference
- 6009668/2025
- Decision date
- 17 March 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Edmonds Representation
Parties
2 namedClaimant
Mr H Khatri
Respondent
Key findings
Tribunal's reasoningThe tribunal heard the claim at Birmingham (CVP) on 17 March 2026 before Employment Judge Edmonds. The claimant Mr H Khatri was represented by Miss E Bhangu, pupil. The respondent did not attend. The tribunal upheld each of the claimant's complaints arising out of his employment in the period 21 October 2024 to 19 January 2025.
The judge found the complaints of unauthorised deductions from wages, holiday pay, breach of contract for notice pay, failure to provide written itemised pay statements, failure to provide a written statement of employment particulars, and refusal of daily rest, weekly rest and rest breaks under the Working Time Regulations 1998 to be well-founded. Awards were made for unpaid wages and statutory sick pay totalling GBP 6,983.90 gross, holiday pay of GBP 1,084.53 gross calculated at 12.07% for an irregular hours employee, one week's notice pay of GBP 795.08, and GBP 297.34 for unnotified deductions in the 13 weeks prior to the claim.
In relation to the failure to provide a written statement of employment particulars, the tribunal found no exceptional circumstances making the higher award unjust or inequitable and awarded four weeks' gross pay (GBP 2,800) under section 38 Employment Act 2002. For the working time breaches the tribunal awarded GBP 3,000 as just and equitable compensation under regulation 30(4). Several sums are payable free of tax and national insurance as indicated in the judgment.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Award comprises GBP 6,917.18 for work carried out but not paid and GBP 66.72 for unpaid statutory sick pay, totalling GBP 6,983.90 gross (rounded). Period 21 October 2024 to 19 January 2025. | Upheld | — | £6,984 |
| Holiday pay | GBP 1,084.53 gross for accrued but untaken holiday on termination, calculated at 12.07% as claimant was an irregular hours employee. | Upheld | — | £1,085 |
| Breach of contract | GBP 795.08 as damages for one week's notice pay (gross). | Upheld | — | £795 |
| Unlawful deduction from wages | Section 12(4) Employment Rights Act 1996 award of GBP 297.34 for unnotified deductions in the 13 weeks prior to presentation of the claim form, arising from failure to provide written itemised pay statements (s.8 ERA 1996). | Upheld | — | £297 |
| Other | Failure to provide a written statement of employment particulars. Award under section 38 Employment Act 2002 of four weeks' gross pay (GBP 2,800). | Upheld | — | £2,800 |
| Working time regulations | Refusal to permit daily rest, weekly rest and rest breaks under the Working Time Regulations 1998. GBP 3,000 awarded as just and equitable compensation under regulation 30(4). | Upheld |
Remedy
Monetary award- Total award
- £14,961
- across all upheld claims
Legal tests applied
5 references- section 8 Employment Rights Act 1996
- section 12(4) Employment Rights Act 1996
- section 26 Employment Rights Act 1996
- section 38 Employment Act 2002
- regulation 30(4) Working Time Regulations 1998
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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