Claimant v Lapérouse England Ltd
Outcome
Individual claims
The tribunal found the claimant was entitled to £14 per hour as this reflected what she received as an agency worker and her expectation when becoming an employee. The respondent incorrectly paid her at £10.50 per hour based on a zero-hours contract statement of terms not provided until after dismissal.
The claimant was awarded payment in lieu of 3.5 days accrued but untaken holiday entitlement for the employment period from 7 December 2023 to 23 January 2024. She had requested but was not granted any holiday during employment.
The claimant was entitled to one week's notice which was not paid. Payment in lieu was calculated based on her average weekly pay during the period 11 December 2023 to 15 January 2024.
The tribunal found that tips awarded to the claimant totalling £311 had not been paid to her, constituting an unlawful deduction from wages.
Facts
The claimant worked initially as an agency worker at £14 per hour before becoming a direct employee of the respondent from 7 December 2023. The respondent paid her at only £10.50 per hour based on a zero-hours contract statement not provided until after dismissal. Her employment ended on 23 January 2024 without notice being paid. She was also not paid accrued holiday or tips totalling £311.
Decision
The tribunal found in the claimant's favour on all claims for unauthorised deductions from wages, unpaid holiday, notice pay and unpaid tips, awarding a total of £1,212.80. The respondent did not appear at the hearing and is in voluntary liquidation.
Practical note
Where an employer transitions an agency worker to direct employment, contractual terms must be clear from the outset and cannot be retrospectively imposed, particularly regarding pay rates that differ from the worker's legitimate expectations.
Award breakdown
Case details
- Case number
- 2200827/2024
- Decision date
- 11 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 1 months
Claimant representation
- Represented
- No