Cases→6013592/2024

Claimant v Johann Scerri trading as Tiffin Tea Rooms

29 August 2025Before Employment Judge Elizabeth Gibsonremote video

Outcome

Claimant succeeds£377

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found on the balance of probability that the Claimant worked 82 hours in July 2024 but was only paid for 57.5 hours, and worked 44.25 hours in August 2024 but was only paid for 36 hours. The tribunal preferred the Claimant's evidence based on her contemporaneous notebook entries and WhatsApp messages showing the Respondent acknowledged overlooking a cash payment. The Respondent made unauthorised deductions totalling £376.63 contrary to section 13(1) of the Employment Rights Act 1996.

Facts

The Claimant worked as a cook at Tiffin Tea Rooms from December 2023 to August 2024 when she walked out. She claimed she was underpaid for July and August 2024, keeping a notebook recording her hours worked. She alleged she was paid partly by bank transfer and partly in cash. The Respondent denied paying cash and disputed the hours worked. The tribunal preferred the Claimant's evidence based on her contemporaneous notebook entries and WhatsApp messages where the Respondent's manager acknowledged forgetting a cash payment.

Decision

The tribunal found the Respondent made unauthorised deductions from wages in July and August 2024. The Claimant worked 82 hours in July but was paid for only 57.5 hours, and worked 44.25 hours in August but was paid for only 36 hours. The Respondent was ordered to pay £376.63 in unpaid wages. The tribunal found the Claimant's evidence more credible based on contemporaneous records and WhatsApp admissions by the Respondent's manager.

Practical note

Contemporaneous records kept by employees and admissions in informal communications like WhatsApp can be powerful evidence in wages claims, even where the employer disputes the basic facts.

Award breakdown

Unpaid wages£377

Legal authorities cited

Statutes

ERA 1996 s.13(1)ERA 1996 s.13(3)ERA 1996 s.27

Case details

Case number
6013592/2024
Decision date
29 August 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
Johann Scerri trading as Tiffin Tea Rooms
Sector
hospitality
Represented
Yes
Rep type
lay rep

Employment details

Role
cook
Service
8 months

Claimant representation

Represented
No
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