Jintana Ltd

Case Summary

Ms Ellwood brought claims for equal pay discrimination and failure to provide written employment particulars against Jintana Ltd. The tribunal dismissed the equal pay claim but found the respondent in breach of its duty to provide written employment particulars. On reconsideration, the tribunal revoked a £420 award after determining that section 38 of the Employment Act 2002 does not apply to section 11 complaints about employment particulars.

The equal pay complaint was dismissed as not well-founded. Although the respondent was found in breach of failing to provide written employment particulars, no financial award could be made because section 38 of the Employment Act 2002 only permits awards for this failure when the claim falls within specific jurisdictions listed in Schedule 5, which does not include section 11 complaints about employment particulars.

• •Equal pay complaint on grounds of sex under Equality Act 2010 Chapter 3
• •Failure to provide written statement of employment particulars under Employment Rights Act 1996 section 1
• •Applicability of section 38 Employment Act 2002 to statement of particulars claims

Case No: 2402723/2024 1 EMPLOYMENT TRIBUNALS Claimant: Ms R Baker Ellwood Respondent: Jintana Limited HELD AT: Liverpool ON: 27 March 2026 (reconsidered on 13 April 2026) BEFORE: Employment Judge Johnson MEMBERS: Mr R Cunningham (attended by CVP) Mrs L Heath (attended by CVP) REPRESENTATION: Claimant: Respondent: First claimant (attended by CVP) Mr B Hendley (consultant, attended by CVP) JUDGMENT UPON APPLICATION made orally by the respondent’s representative following the delivery of the judgment on 27 March 2026 and in accordance with Rule 69 of the Employment Tribunal Procedure 2024. The reconsidered judgment of the Tribunal is that: (1) The complaint of inequality of pay on grounds of sex contrary to Chapter 3 of Equality Act 2010, is not well-founded and is unsuccessful. Case No: 2402723/2024 2 (2) When the proceedings were begun the respondent was in breach of its duty to provide the first claimant with a written statement of employment particulars. (3) However, because this successful complaint falls within section 11 of the Employment Rights Act 1996 and is not a relevant jurisdiction where section 38 of the Employment Act 2002 applies, no award for this failure can be made. REASONS (in relation to the reconsideration of the judgment only) Introduction 1. Reasons for the substantive part of this judgment including findings of fact were provided orally to the parties at the final hearing during the afternoon of 27 March 2026. 2. These reasons are solely provided in order that the parties have full reasons of why the respondent’s application for reconsideration following the oral delivery of the judgment on 27 March 2026 and before the final hearing concluded. 3. The respondent’s representative made an application for reconsideration during the course of the final hearing in accordance with Rule 69. They argued t…