Cases2500534/2025

Claimant v Savour Bakery Café & Patisserie Limited

29 August 2025Before Employment Judge SweeneyNorth Easton papers

Outcome

Default judgment£1,702

Individual claims

Breach of Contractsucceeded

The Claimant's employment was terminated by WhatsApp message on 17 April 2025 with no notice. His contract entitled him to four weeks' notice or payment in lieu. Neither was given. The tribunal calculated he should have received £1,489.62 in notice pay.

Unlawful Deduction from Wagessucceeded

Between 1-17 April 2025, the Claimant worked 61.5 hours and was entitled to £750.92. He was paid only £729.28, a shortfall of £12.92. Payment was also made 19 days late. The tribunal found this constituted an unlawful deduction from wages.

Holiday Paysucceeded

The Claimant had accrued 41.8 hours holiday and taken 25.5 hours, leaving 16.3 hours accrued but untaken at termination. At £12.21 per hour, he was entitled to £199 for accrued untaken holiday under regulation 30 Working Time Regulations 1998, which was not paid.

Facts

The Claimant worked as front of house staff at a bakery from December 2024 to April 2025. He was dismissed by WhatsApp message on 17 April 2025 with no notice. He was underpaid £12.92 for his final pay period, which was also paid 19 days late. He had 16.3 hours of accrued but untaken holiday at termination. The Respondent failed to enter a response after two opportunities.

Decision

The tribunal issued a default judgment under rule 22, awarding the Claimant notice pay of £1,489.62 for four weeks' notice not given, holiday pay of £199 for accrued untaken leave, and £12.92 for arrears of wages, totalling £1,701.54.

Practical note

Rule 22 default judgments allow tribunals to determine monetary claims on the papers where a respondent fails to engage, protecting vulnerable workers from summary dismissal and wage theft in the hospitality sector.

Award breakdown

Notice pay£1,490
Holiday pay£199
Arrears of pay£13

Legal authorities cited

Statutes

Working Time Regulations 1998 reg 30Employment Tribunals Rules of Procedure 2024 rule 22

Case details

Case number
2500534/2025
Decision date
29 August 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
hospitality
Represented
No

Employment details

Role
front of house staff
Service
4 months

Claimant representation

Represented
No