Claimant v Rebwar Ali Ciao Pizzeria
Outcome
Individual claims
The tribunal found that the Claimant worked 40 hours between 10th and 14th December 2024 as a delivery driver and was never paid for this work. The Respondent had no lawful reason for non-payment. The tribunal determined the Claimant was entitled to payment at the national minimum wage rate of £11.44 per hour, which was higher than the £10 per hour previously paid. This constituted an unauthorised deduction from wages under Section 13 of the Employment Rights Act 1996.
Facts
The Claimant worked as a delivery driver for a pizzeria from June/July 2024 until December 2024. He worked 40 hours between 10th and 14th December 2024 at an agreed rate of £10 per hour, receiving his hours and instructions via WhatsApp group. After informing the Respondent he would be leaving, he requested payment of £400 for the 40 hours worked but was never paid. The Respondent did not attend the tribunal hearing despite being properly notified.
Decision
The tribunal found the Claimant was an employee entitled to payment for 40 hours worked in December 2024. The Respondent's failure to pay constituted an unlawful deduction from wages. The tribunal awarded £457.60 based on the national minimum wage rate of £11.44 per hour applicable at the time, rather than the £10 per hour previously paid, less any required tax and national insurance deductions.
Practical note
Employment tribunals will apply national minimum wage rates even where parties agreed a lower hourly rate, and will proceed with hearings in a respondent's absence where there is no good reason for non-attendance.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6006854/2025
- Decision date
- 29 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- delivery driver
- Service
- 6 months
Claimant representation
- Represented
- No