Claimant v Rekdi Pani Puri Ltd
Outcome
Individual claims
The tribunal found the claimant was employed by the second respondent and worked 15 hours per day from 13 February to 21 May 2024. The second respondent failed to pay the National Minimum Wage (£10.42 until 31 March, £11.44 thereafter) and made an unauthorised deduction of £170 for another employee's stolen mobile. The claimant should have earned £15,926.10 gross but was only paid £5,310.00, resulting in unlawful deductions.
The second respondent failed to give the claimant a written statement of particulars of employment as required by law. The tribunal awarded four weeks' pay at the statutory cap of £700 per week, totalling £2,800.00, as compensation for this breach.
The claimant confirmed at the hearing that she was not bringing a protected disclosure (whistleblowing) claim, and this claim was therefore dismissed.
The claim for detriment for making a protected disclosure was dismissed as the claimant confirmed she was not pursuing the underlying whistleblowing claim.
The tribunal explained that the claimant could not bring a redundancy payment claim as she had less than two years' continuous employment, which is the qualifying period for statutory redundancy pay. The claim was therefore dismissed.
Facts
The claimant worked for the second respondent from 13 February to 21 May 2024, working 15 hours per day, seven days per week with only two days holiday. She was paid £5,310.00 cash in hand, which included an unauthorised deduction of £170 for another employee's stolen mobile phone. The second respondent failed to pay the National Minimum Wage and did not provide written particulars of employment. Neither respondent attended the hearing or filed a response, with the second respondent only sending an email denying employment.
Decision
The tribunal found the claimant was employed by the second respondent and succeeded in her claims for unlawful deduction of wages and failure to provide written particulars. The second respondent was ordered to pay £15,926.10 gross for unpaid wages (less £5,310.00 already paid) and £2,800.00 for failure to provide written terms. Claims against the first respondent were dismissed, as were the whistleblowing, detriment and redundancy pay claims.
Practical note
Employers who pay cash in hand and fail to pay National Minimum Wage face substantial liability, and tribunals will proceed to judgment in the respondent's absence where they have been properly notified of proceedings.
Award breakdown
Legal authorities cited
Case details
- Case number
- 3306313/2024
- Decision date
- 29 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 3 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep