Claimant v The Food Map Co. Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages on 9 February 2025. The claimant was entitled to payment for 88.5 hours worked at £16 per hour, totalling £1,416 gross, which the respondent deducted without lawful authority.
The tribunal found that when proceedings began, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars under the Employment Act 2002. There were no exceptional circumstances to make an award unjust or inequitable, resulting in an award of two weeks' gross pay under section 38.
Facts
The claimant worked for the respondent on a part-time basis at £16 per hour. On 9 February 2025, the respondent made a deduction of £1,416 from the claimant's wages, representing 88.5 hours of work. The respondent applied for an extension of time to present a response, which was refused, allowing the matter to proceed under Rule 22. The respondent also failed to provide the claimant with a written statement of employment particulars.
Decision
The tribunal found in favour of the claimant on both claims. The unauthorised deduction of £1,416 was unlawful and must be repaid. Additionally, the respondent's failure to provide written employment particulars resulted in an award of two weeks' gross pay (£768) under section 38 of the Employment Act 2002, with no exceptional circumstances found to reduce this award.
Practical note
Employers who fail to respond in time to tribunal claims and have made unlawful wage deductions while also failing to provide written particulars face full liability under Rule 22, including statutory penalties for non-compliance with basic employment law obligations.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3200398/2025
- Decision date
- 16 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep