Claimant v Secret Garden Café Hull Ltd
Outcome
Individual claims
The Claimant was owed £1,289.08 gross for May 2024 shifts and £657.80 gross for June 2024 shifts worked prior to termination. These wages were not paid on the due dates (31 May 2024 and 30 June 2024 respectively). The failure to pay these wages amounted to unlawful deductions for which there was no contractual or statutory authority.
The Claimant was entitled to one week's notice of termination of employment under her contract, but no notice was given when her employment was terminated in June 2024. The tribunal awarded damages equivalent to one week's net pay (£266) for this breach of contract.
Facts
Ms Wales worked 24 hours per week at £11.40 per hour for Secret Garden Café Hull Ltd. Her employment was terminated in June 2024 without notice. The Respondent failed to pay her for shifts worked in May 2024 (£1,289.08 gross) and June 2024 (£657.80 gross), despite these being due on 31 May and 30 June 2024 respectively. The Respondent did not file an ET3 response to her claim.
Decision
Employment Judge Sweeney issued a default judgment under rule 22 of the ET Rules after the Respondent failed to file a response. The tribunal found the Claimant succeeded in her claims for unlawful deduction of wages (£1,946.88 gross unpaid wages) and breach of contract for failure to give notice (£266 net representing one week's notice pay), awarding a total of £2,212.88.
Practical note
Rule 22 default judgments can be determined on papers where sufficient documentary evidence exists, even where net pay must be approximated from available payslip information.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2500271/2025
- Decision date
- 30 June 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- café worker
Claimant representation
- Represented
- No