Case 6025132/2025 · Employment Tribunal

Mr G Walczynski v Mrs Nicol Gwynne T/A The Hafod Hotel — 2025

Case reference: 6025132/2025
Decision date: 12 December 2025
Jurisdiction: England & Wales
Judge: Employment Judge Othen Representation
Venue: by video

Indexed: 25 April 2026

Parties

2 named

Claimant

Mr G Walczynski

Respondent

Mrs Nicol Gwynne T/A The Hafod Hotel

Key findings

Tribunal's reasoning

On a reserved judgment after a two-day hearing, the Tribunal upheld the claimant's claims of unfair dismissal, wrongful dismissal and an unlawful deduction from wages in respect of accrued but untaken holiday pay. The claimant's separate complaint regarding a £500 deduction made on or around July 2025 was dismissed because the sum was found to be recovery of a loan/advance on wages and accordingly fell within the s.14(1) Employment Rights Act 1996 exception, leaving the Tribunal without jurisdiction.

The Tribunal found that the claimant contributed to his dismissal to the extent of 20%, to be applied to the basic and compensatory awards, and that the compensatory award should be increased by 15% to reflect the respondent's unreasonable failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. The Tribunal noted breaches of case management orders by the respondent, including late and incomplete disclosure and late witness statement exchange, which it took into account in its assessment of credibility.

Remedy will be decided at a further hearing. The published text was truncated; no quantified award appears in the available portion.

Claims and outcomes

4 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unfair dismissal	Unfair dismissal upheld; claimant contributed to dismissal to extent of 20% (applied to basic and compensatory award); compensatory award to be increased by 15% for unreasonable failure to follow ACAS Code. Remedy adjourned to a further hearing. PDF text was truncated.	Upheld	—	—
Wrongful dismissal	Wrongful dismissal complaint well-founded; remedy adjourned. PDF text was truncated.	Upheld	—	—
Unlawful deduction from wages	Failure to pay accrued but untaken holiday pay on termination of employment; remedy to be assessed at a further hearing. PDF text was truncated.	Upheld	—	—
Unlawful deduction from wages	Claim regarding £500 deduction in July 2025 dismissed. The £500 was found to be a recoverable advance/loan on wages and fell within the s.14(1) ERA 1996 exception, so the Tribunal had no jurisdiction. PDF text was truncated.	Dismissed	—	—

Legal tests applied

7 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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