Claimant v TA Restaurant Holdings Limited

The tribunal found that the claimant's salary had been agreed at £26,769.60 per annum (house pay) plus discretionary tronc, not £60,000 salary. The claimant had accepted the reduced house pay arrangement before the first payslip in March 2024, as evidenced by multiple emails showing this split and never complaining about it, even when he resigned in June 2024.

The tribunal found the original statement of terms showing £60,000 salary was varied by agreement before the first payment. The claimant agreed to reduced house pay of £26,769.60 with discretionary tronc totaling approximately £60,000. Therefore there was no breach of the contract between the parties.

The tribunal found the claimant did not work on 20 December 2024 (his last day) as he failed to attend a handover call and did not respond to contact attempts. The respondent was entitled under clause 6.2(a) of the statement of terms to deduct one day's pay for unauthorized absence.

In relation to the failure to pay for 20 December 2024, the tribunal found this was not a breach of contract as the claimant did not work that day and the respondent was contractually entitled to make the deduction for unauthorized absence.

The claimant did not dispute the calculation of 10.53 days accrued holiday paid to him (£1,085.20) during the hearing or put forward any alternative calculation. The tribunal concluded he received the correct accrued holiday pay entitlement on termination.

The tribunal found there was an agreement between the claimant and Tom Aikens that the claimant would receive TOIL for additional hours worked. The respondent's investigation found the claimant had worked an additional 49 hours (not the 21.46 days claimed). At £11.44 per hour minimum wage, this equated to £560.56 which was not paid on termination.