Cases6019816/2025

Claimant v The Old Bakehouse Cuisine Ltd

11 September 2025Before Employment Judge L BridgeLeedsin person

Outcome

Claimant fails

Individual claims

Unlawful Deduction from Wagesfailed

The tribunal found the claimant was paid £11.44 per hour for 16 hours per week (£183.04 weekly), which met the National Minimum Wage requirements in 2024. The tribunal preferred the respondent's evidence supported by contemporaneous emails to the accountant and wage slips over the claimant's assertion she worked longer hours at £10 per hour. No unauthorised deduction occurred.

Holiday Payfailed

The claimant took three weeks' holiday (48 hours) between 20 December 2024 and 13 January 2025. The tribunal found she was entitled to 45 hours of holiday based on her 23 weeks of service at 16 hours per week. The tribunal accepted the respondent's evidence, supported by wage slips, that she had been paid in full for the holiday taken. No holiday pay was owed.

Facts

The claimant worked for a small bakery business from 21 October 2024 to 3 April 2025. She claimed she worked 45 hours per week at £10 per hour (below minimum wage) and was not paid for two weeks' holiday. The respondent contended she worked 16 hours per week at £11.44 per hour (national minimum wage rate) and was paid for all holiday taken. The tribunal heard evidence from both parties appearing in person, with a bundle of 83 pages.

Decision

The tribunal dismissed both claims. It preferred the respondent's evidence supported by contemporaneous emails to accountants and wage slips, finding the claimant worked 16 hours per week at £11.44 per hour (meeting minimum wage requirements). The tribunal also found the claimant had taken three weeks' holiday (48 hours) but was entitled to only 45 hours based on her length of service, and had been paid in full for the holiday taken.

Practical note

Contemporary documentary evidence (emails to accountants, wage slips) will generally be preferred over conflicting oral testimony about hours worked and pay rates, particularly where the claimant's evidence contains internal inconsistencies.

Legal authorities cited

Bruce and ors v Wiggins Teape (Stationery) Ltd [1994] IRLR 536

Statutes

Employment Rights Act 1996 s.13Working Time Regulations 1998 reg.14Employment Rights Act 1996 s.27National Minimum Wage Act 1998 s.1

Case details

Case number
6019816/2025
Decision date
11 September 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
No

Employment details

Service
5 months

Claimant representation

Represented
No