Case 6010536/2025 · Employment Tribunal
Ms A Pesci v New Inn Barwick Ltd — 2025
- Case reference
- 6010536/2025
- Decision date
- 17 December 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Edwards Representation
Parties
2 namedClaimant
Ms A Pesci
Respondent
Key findings
Tribunal's reasoningEmployment Judge S Edwards heard this case in the respondent's absence. The complaint of automatic unfair dismissal for asserting a statutory right under s.104 Employment Rights Act 1996 was upheld, with a compensatory award of £2,924.81. Complaints of unauthorised deductions from wages (£507.16), breach of contract in relation to notice pay, holiday pay under reg 16(1) Working Time Regulations 1998 (£800.80) and failure to provide itemised pay statements under s.8 ERA were all upheld. The respondent was also in breach of its duty to provide a written statement of employment particulars; the tribunal made a four weeks' gross pay award of £1,671.32 under s.38 Employment Act 2002. A 10% ACAS uplift of £343.20 was applied to the compensatory award and unlawful deductions award under s.207A TULRCA. Total sum payable £6,247.29.
Claims and outcomes
10 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatically unfair dismissal for asserting a statutory right under s.104 Employment Rights Act 1996; compensatory award. | Upheld | — | £2,925 |
| Unlawful deduction from wages | Gross sum deducted. | Upheld | — | £507 |
| Wrongful dismissal | Breach of contract in relation to notice pay well-founded. | Upheld | — | — |
| Holiday pay | Failure to pay accrued holiday under reg 16(1) Working Time Regulations 1998. | Upheld | — | £801 |
| Other | Failure to provide written statement of employment particulars (s.1 ERA); four weeks' gross pay under s.38 Employment Act 2002. Also breach of s.8 ERA (itemised pay statements). | Upheld | — | £1,671 |
| Unfair dismissal | Automatically unfair dismissal for asserting a statutory right under s.104 Employment Rights Act 1996; compensatory award. | Upheld | — | £2,925 |
| Unlawful deduction from wages | Gross sum deducted. | Upheld |
Remedy
Monetary award- Total award
- £6,247
- across all upheld claims
- Compensatory award
- £2,925
- compensatory remedy recorded
Legal tests applied
6 references- s.104 Employment Rights Act 1996
- reg 16(1) Working Time Regulations 1998
- s.8 Employment Rights Act 1996
- s.38 Employment Act 2002
- s.207A Trade Union & Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
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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