Claimant v Pizzeria Gali Ltd
Outcome
Individual claims
The respondent admitted the claim and failed to pay the claimant sums shown on payslips dated 15 June, 29 June and 13 July 2024. The tribunal found the respondent made unauthorised deductions totalling £3,332.72 gross after a £200 partial payment.
The respondent admitted failing to pay accrued but untaken holiday on termination. The tribunal calculated the claimant had accrued 3.98 weeks of holiday during his 37 weeks of employment, which should have been paid at his regular weekly rate of £598 including regular overtime, totalling £2,380.04 under the Working Time Regulations 1998.
Facts
The claimant worked as a kitchen supervisor for a pizzeria from 23 October 2023 to 6 July 2024, working 46 hours per week at £13 per hour. The respondent failed to pay wages shown on three payslips totalling £3,532.72 gross, though £200 was later paid. The claimant was never able to take holiday during his employment and was not paid for accrued untaken leave on termination. The respondent's director had allegedly sold the business and left the country, and the respondent did not attend the hearing.
Decision
The tribunal proceeded in the respondent's absence and found both claims well-founded. The claimant was awarded £3,332.72 for unpaid wages and £2,380.04 for accrued but untaken holiday pay calculated at 3.98 weeks at his regular weekly rate of £598 including regular overtime. The respondent admitted the wages claim and admitted failing to pay holiday but disputed the calculation.
Practical note
Regular overtime worked every week must be included in holiday pay calculations under regulation 16(3ZA) of the Working Time Regulations 1998, even if contractually described as voluntary.
Award breakdown
Award equivalent: 9.6 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 1402423/2024
- Decision date
- 20 July 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Kitchen supervisor
- Salary band
- £30,000–£40,000
- Service
- 9 months
Claimant representation
- Represented
- No