Claimant v Mr I Iacopini
Outcome
Individual claims
The tribunal found that the claimant had not shown on a balance of probabilities that he was owed any further wages. The respondent provided evidence of a staff meeting on 8 October 2024 where employees unanimously voted to adopt a tiered service charge distribution system, and the claimant's payslips showed he was paid in accordance with this agreed structure. The claimant did not attend the hearing, provided no evidence to support his claim, and had previously accepted the service charge calculations when queried in January 2025.
Facts
The claimant worked as a Kitchen Porter/Junior Kitchen Staff from January 2024 to February 2025 at a restaurant operated by the respondent. The claimant claimed unpaid service charge. Following the Employment Act 2023 coming into force in October 2024, the respondent held a staff meeting on 8 October 2024 where all employees, including the claimant, voted unanimously to adopt a tiered service charge distribution system. The claimant resigned in February 2025 for personal reasons related to pension calculations, not because of service charge payments. The claimant did not attend the scheduled hearing in October 2025.
Decision
The tribunal dismissed the claim for unlawful deduction of wages. The tribunal heard evidence from the respondent that the claimant had attended a staff meeting where employees unanimously agreed to a tiered service charge distribution system, and that payslips showed the claimant was paid in accordance with this agreement. The claimant provided no evidence to support his claim and did not attend the hearing.
Practical note
A claim for unpaid service charge will fail where the employer can demonstrate that a fair consultative process was followed and employees collectively agreed to the distribution method, particularly where the claimant provides no evidence to contradict this.
Legal authorities cited
Statutes
Case details
- Case number
- 2203629/2025
- Decision date
- 29 October 2025
- Hearing type
- full merits
- Hearing days
- 0.5
- Classification
- contested
Respondent
- Name
- Mr I Iacopini
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Kitchen Porter/Junior Kitchen Staff
- Service
- 1 years
Claimant representation
- Represented
- No