6022127/2024Partial success

Morgan Payne and Knightly Sandwell Ltd

v Ms A Kataria

21 April 2026·Employment Tribunal·England & Wales·Employment Judge Hindmarch

Respondent

Morgan Payne and Knightly Sandwell Ltd

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Decision date

21 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Hindmarch

Case Summary

Ms A Kataria claimed unfair dismissal, national minimum wage arrears, unlawful wage deductions, and unpaid commission following her termination on 10 September 2024. The tribunal found the dismissal unfair and upheld claims for arrears of national minimum wage, unlawful deductions, and unpaid commission payments. The respondent was ordered to pay a redundancy payment (which satisfied the basic award), arrears of pay, and other sums totalling £3,984.

Why this outcome?

One claim dismissed on the merits

The tribunal found the claimant was unfairly dismissed and upheld her claims for arrears of national minimum wage, unlawful wage deductions, and unpaid commission. The basic award for unfair dismissal was satisfied by the redundancy payment due, and the claimant was awarded additional compensation for the wage-related breaches.

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Key Issues

  • Unfair dismissal
  • National minimum wage arrears
  • Unauthorised wage deductions
  • Commission payments owed
  • Redundancy payment entitlement

Decision Text

Full PDF

1 of 2 EMPLOYMENT TRIBUNALS Claimant: Ms A Kataria Respondent: Morgan Payne & Knightly Sandwell Ltd Heard at: Midlands West; by CVP On: 20 April 2026 Before: Employment Judge Hindmarch Appearances For the Claimant: In person For the Respondent: Did not attend JUDGMENT 1. The correct Respondent (as per the Claimant’s payslips) is Morgan Payne & Knightly Sandwell Ltd. 2. The claim for accrued but untaken holiday pay is dismissed on withdrawal. 3. The Claimant was unfairly dismissed. The basic award is met by the redundancy payment below. The Claimant makes no claim in respect of a compensatory payment. 4. Given the date of termination was 10 September 2024, the Claimant is entitled to a redundancy payment in the sum of £1029.60. The Respondent shall pay this sum to the Claimant. 5. The Respondent failed to pay the Claimant the correct rate of national minimum wage from 1 April 2024 to termination, such that the Respondent must pay to the Claimant the sum of £303.60 as arrears of pay. This is the gross sum and the Claimant is responsible for the payment of any tax or National Insurance. 6. The Respondent made unauthorised deductions from the Claimant’s wage in the period 1 August 2024 to 10 September 2024. The Respondent shall pay the Claimant £1726.12 which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance. 7. The Respondent failed to make commission payments to the Claimant during her employment in the sum of £925.00 which is the gross sum. The Claimant is responsible for the payment of any tax or National Insurance. 2 of 2 Employment Judge Hindmarch Approved on: 21 April 2026 All judgments apart from those under rule 51 and any written full reasons for judgments are published, in full, online at https://www.gov.uk/employment-tribunal- decisions shortly after a copy has been sent to the claimant(s) an

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