Claimant v Grecian Artisan Wine Co Ltd
Outcome
Individual claims
The tribunal found the respondent failed to pay wages owed for work completed between 22 September and 1 October 2024. Only £50 was paid out of £587.20 owed. The respondent's assertion that payments were 'advances' to be returned was rejected as the bank references described them as 'wages' and there was no documentary evidence supporting the advance claim.
The claimant was entitled to 28 days statutory holiday per year. He worked 39 days (16 August to 8 October 2024) and took 1 day holiday. Using the statutory formula, the tribunal calculated he accrued 2 days unused holiday pay on termination, worth £220 gross. The respondent's claim that no holiday entitlement existed during a 'trial probation period' was rejected.
By failing to pay wages, the respondent was in repudiatory breach of contract entitling the claimant to resign without notice. The claimant was entitled to one week's statutory notice pay under s.86 Employment Rights Act 1996, having been employed for over one month. The respondent failed to pay this notice pay of £531 gross.
Facts
The claimant worked for the respondent wine company from 16 August to 8 October 2024 on agreed terms of £531 gross per week for 40 hours. He was paid regularly until late September when the respondent failed to pay wages for the week commencing 22 September, providing only £50 of the £587.20 owed. With no further payment forthcoming despite requests, the claimant returned the keys on 1 October after working that day and was removed from the business WhatsApp group on 8 October. He had taken 1 day of his 28-day annual leave entitlement.
Decision
The tribunal found entirely in favour of the claimant. The respondent's claim that payments were 'advances' to be repaid was rejected as contradicted by documentary evidence describing them as 'wages'. The failure to pay wages amounted to unlawful deduction and repudiatory breach. The claimant was awarded £587.20 unpaid wages, £220 for 2 days accrued holiday pay, and £531 notice pay, totalling £1,338.20 gross.
Practical note
Employers cannot retrospectively recharacterise wage payments as 'advances' to avoid payment obligations, and failure to pay wages is a fundamental breach justifying immediate resignation and entitlement to notice pay.
Award breakdown
Award equivalent: 2.5 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6022090/2024
- Decision date
- 11 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
- Rep type
- in house
Employment details
- Salary band
- £25,000–£30,000
- Service
- 2 months
Claimant representation
- Represented
- No