Claimant v La Tartine London Limited

The respondent admitted owing gross wages of £3,365 for work done in December 2024 and January 2025. The tribunal found by consent that this was an unlawful deduction from wages under Part II of the Employment Rights Act 1996.

The claimant had accrued 15 days of untaken holiday over 28 weeks of employment. The tribunal calculated holiday pay based on average weekly earnings of £969.92 (including tips), finding the respondent unlawfully deducted £2,909.76 in accrued holiday pay.

The respondent's letter of 27 January 2025 specifically stated the claimant would receive payment in lieu of notice, but no such payment was made. The tribunal found a breach of contract and awarded one week's net pay of £770.

Under the Employment (Allocation of Tips) Act 2023, the tribunal found the respondent's tip allocation system was not transparent or objective. The factors used (productivity, quality, discipline) were unclear and undocumented. The claimant was awarded £67.34 to bring his tips to the mean amount.

The claimant claimed £2,000 in additional financial loss from having to borrow money and use credit cards. However, he provided no evidence of interest payments or quantified loss. The burden of proof was not met and the claim was dismissed.

The claimant sought compensation for emotional distress. The tribunal dismissed this claim as his claims did not include unlawful treatment at work such as discrimination or harassment which would ground such compensation.