Outcome
Individual claims
The complaint of unfair dismissal was dismissed on withdrawal by the claimant under Rule 22 of the Employment Tribunals Rules of Procedure 2024.
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in respect of hours actually worked. The claimant was entitled to £3,206.04 but was only paid £1,498.50, resulting in an unlawful deduction of £1,707.54.
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in respect of SSP entitlement for 8 August 2024, amounting to £23.25.
The claimant failed to demonstrate an entitlement to be paid for weeks in which there was no work, or for tronc payments. SSP was not payable for other days of sickness because the qualifying criteria were not met.
The tribunal found that the claimant was dismissed in breach of contract in respect of notice. The respondent was ordered to pay damages of £2,307.69 for failure to provide proper notice.
The tribunal found that the respondent failed to pay the claimant's holiday entitlement and ordered the respondent to pay £989.01 in unpaid holiday pay.
Facts
The claimant was employed by Joint Pub Ventures Ltd in the hospitality sector. The respondent failed to pay the claimant correctly for hours worked, failed to provide proper notice on dismissal, failed to pay holiday entitlement, and failed to provide written employment particulars. The claimant brought claims for unfair dismissal, unlawful deduction of wages, breach of contract, and holiday pay.
Decision
The tribunal dismissed the unfair dismissal claim on withdrawal. The tribunal found in favour of the claimant on claims for unlawful deductions (£1,730.79 total), notice pay (£2,307.69), holiday pay (£989.01), and awarded four weeks' pay (£1,912.08) for failure to provide written particulars. Total award was £6,939.57.
Practical note
Employers in the hospitality sector must ensure compliance with basic employment law obligations including accurate wage payment, proper notice, holiday pay, and provision of written employment particulars, as failure can result in significant financial penalties including the statutory award under s.38 Employment Act 2002.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6021818/2024
- Decision date
- 19 July 2025
- Hearing type
- remedy
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No