Claimant v Hoptimistiq Ltd
Outcome
Individual claims
The respondent failed to pay the claimant the correct hourly rate of £11.44 for hours worked and failed to pay for 15 hours of training at £8.50 per hour, and withheld £125 in tips. The tribunal calculated the total unauthorised deduction as £396.93 comprising underpayment of hours worked (£144.43), unpaid training (£127.50), and unpaid tips (£125).
The claimant was dismissed without notice. The tribunal awarded damages equivalent to one week's statutory notice at £115.54, representing the notice pay the claimant should have received.
The respondent failed to pay accrued but untaken holiday entitlement. Based on 66 hours worked over one month, the tribunal calculated 8 hours of accrued holiday at the rate of £11.44 per hour, totalling £91.52.
The respondent failed to provide written itemised pay statements as required by ERA 1996 s.8. However, as the financial shortfall was already remedied in the unlawful deductions claim, no additional financial award was made.
The respondent failed to provide written statement of employment particulars as required by law. Under s.38 Employment Act 2002, the tribunal awarded an additional penalty of two weeks' pay totalling £231.08.
Facts
C Pritchard worked for Hoptimistiq Ltd for approximately one month in the hospitality sector. He worked 66 hours total including 50.5 paid hours and 15 hours of unpaid training. He was paid at an incorrect lower rate of £8.58 per hour instead of the correct £11.44, was not paid for training hours, and had £125 in tips withheld. He was dismissed without notice and did not receive written employment particulars or itemised pay statements.
Decision
The tribunal made a Rule 21 default judgment in favour of the claimant as the respondent failed to present a response. All claims succeeded: unlawful deduction of wages (£396.93), breach of contract for notice pay (£115.54), unpaid holiday pay (£91.52), and a penalty for failure to provide written particulars (£231.08), totalling £835.07.
Practical note
Default judgments under Rule 21 demonstrate that failure to respond to tribunal claims will result in judgment for the claimant, with employers liable for unpaid wages, statutory notice, accrued holiday, and penalties for non-compliance with basic employment law requirements.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2401440/2025
- Decision date
- 29 October 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Hoptimistiq Ltd
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 1 months
Claimant representation
- Represented
- No