Claimant v ABC Delikatesy Limited
Outcome
Individual claims
The tribunal found the complaint of unlawful deduction from wages was not well founded and dismissed the claim. The tribunal concluded after hearing evidence that there was no unlawful deduction.
The complaint of unpaid holiday pay was withdrawn by the claimant and dismissed on withdrawal by the tribunal.
Facts
The claimant, Mr Jaroszczak, brought claims against ABC Delikatesy Limited for unlawful deduction from wages and unpaid holiday pay. The case was heard remotely via CVP before Employment Judge Anderson. Both parties were represented by lay representatives, with Mr Najwer representing the claimant and Mr Henry acting as litigation consultant for the respondent. The name 'Delikatesy' suggests the respondent is likely a Polish delicatessen or food retail business.
Decision
The tribunal dismissed the claim for unlawful deduction from wages, finding it was not well founded. The holiday pay complaint was dismissed on withdrawal, indicating the claimant withdrew this element of the claim during or before the hearing. The claimant was unsuccessful in obtaining any remedy.
Practical note
Without written reasons, this judgment demonstrates that tribunals will dismiss claims where the evidence does not establish the alleged unlawful deduction, and claimants may strategically withdraw weaker claims during hearings.
Case details
- Case number
- 1604100/2024
- Decision date
- 29 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep