Claimant v Innovate Leisure Ltd
Outcome
Individual claims
The tribunal dismissed the unfair dismissal complaint as it did not have jurisdiction to hear it. This suggests the claimant did not have the requisite qualifying service or there was another jurisdictional bar.
The tribunal found the complaint of protected disclosure (whistleblowing) detriment was not well-founded and dismissed it. The tribunal was not satisfied that the claimant had made protected disclosures or suffered detriment as a result.
The tribunal found the respondent made unauthorised deductions from the claimant's basic wages, short-paying him £100 per week for 91 weeks, totalling £9,100. The claimant succeeded in proving he was not paid his contractual wages.
The tribunal found the respondent breached contract by failing to pay bonus sums owed (£50 for every £1,000 over £5,000 weekly takings). The claimant was entitled to £8,550 in unpaid bonuses during his employment.
The tribunal found the respondent failed to pay statutory holiday entitlement, comprising 4 weeks carried over from 2022/23 plus 4.2 weeks pro rata for 2023/24 less 1 week taken, awarding £3,240.
Facts
Mr Thomas worked for Innovate Leisure Ltd and was systematically underpaid by £100 per week for 91 weeks. He was also not paid contractual bonuses based on weekly takings (£50 per £1,000 over £5,000 threshold) totalling £8,550, and was denied statutory holiday pay. The respondent failed to provide written employment particulars and did not attend the hearing or submit a response.
Decision
The tribunal dismissed the unfair dismissal claim for lack of jurisdiction and the whistleblowing claim as not well-founded. However, it upheld claims for unlawful wage deductions, breach of contract regarding bonuses, and unpaid holiday pay, awarding a total of £22,690 gross including a penalty for failure to provide written particulars.
Practical note
Even where a respondent fails to engage with proceedings, a tribunal will still require evidence to prove claims, and will award appropriate penalties for failures to provide written employment particulars under the Employment Act 2002.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6012202/2024
- Decision date
- 9 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No