Claimant v Muse Coffee Company Ltd
Outcome
Individual claims
The tribunal found the claimant was dismissed in breach of contract in respect of notice contrary to section 86 of the Employment Rights Act 1996. The respondent failed to attend or respond, and judgment was entered under Rule 22.
The tribunal found the respondent failed to pay the claimant's holiday entitlement in accordance with regulation 13A of the Working Time Regulations 1998. The respondent did not participate in proceedings.
The tribunal found the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars contrary to section 1(1) of the Employment Rights Act 1996. An award under section 38 of the Employment Act 2002 was made, with the tribunal finding it just and equitable to award four weeks' gross pay.
Facts
Mr Van brought claims against Muse Coffee Company Ltd for wrongful dismissal, unpaid holiday pay, and failure to provide written employment particulars. The respondent did not attend the hearing or file a response. The hearing proceeded under Rule 22 with only the claimant participating. The tribunal determined the claimant's weekly gross pay was £185.58 and that he was entitled to one week's notice pay.
Decision
The tribunal upheld all three claims, finding breaches of the Employment Rights Act 1996, Working Time Regulations 1998, and failure to provide written particulars. The respondent was ordered to pay £185.58 for notice pay, £1,057.30 for holiday pay, and £742.32 (four weeks' gross pay) under section 38 of the Employment Act 2002 for the particulars breach.
Practical note
Rule 22 default judgments allow tribunals to determine claims where respondents fail to participate, with section 38 awards for failure to provide written particulars potentially reaching four weeks' pay where just and equitable.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6002049/2024
- Decision date
- 30 June 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No