Cases3310767/2023

Claimant v Mr D Turner and Mrs M Turner trading as the Nook Café

5 December 2025Before Employment Judge GrahamBury St Edmundsin person

Outcome

Partly successful£794

Individual claims

Unlawful Deduction from Wagespartly succeeded

The tribunal found that the Respondents had made unauthorised deductions from the Claimant's wages. The claim succeeded in part with the tribunal awarding £132.34 gross, indicating that some but not all of the alleged deductions were found to be unauthorised.

Breach of Contractsucceeded

The Respondents were found to be in breach of their duty under section 1 Employment Rights Act 1996 to provide an initial statement of particulars of employment. This resulted in an award equivalent to one week's pay of £661.70.

Facts

Miss Kemp was employed at the Nook Café, a business operated by Mr and Mrs Turner. The Claimant brought claims relating to unauthorised deductions from wages and the failure to provide a written statement of employment particulars. The case was heard over five days in December 2025. The Claimant was represented by her brother as a lay representative, while the Respondents were represented by counsel.

Decision

The tribunal found partially in favour of the Claimant. The complaint of unauthorised deductions succeeded in part with an award of £132.34 gross. The tribunal also found the Respondents in breach of their duty to provide an initial statement of particulars under section 1 ERA 1996, awarding £661.70. All other complaints were dismissed.

Practical note

Employers in the hospitality sector must ensure they provide written statements of particulars and make only authorised deductions from wages, or face financial penalties even in relatively small-scale employment disputes.

Award breakdown

Unpaid wages£132

Legal authorities cited

Statutes

ERA 1996 s.1

Case details

Case number
3310767/2023
Decision date
5 December 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
barrister

Employment details

Claimant representation

Represented
Yes
Rep type
lay rep