Claimant v Secret Garden Café Hull Ltd
Outcome
Individual claims
The Claimant was not paid for shifts worked in May 2024 (£2,472.42 gross) or June 2024 (£1,496.25 gross). These payments were contractually due on 31 May 2024 and 30 June 2024 respectively. The failure to pay wages on those occasions 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 but none was given when her employment was terminated in June 2024. This constituted a failure to give notice amounting to breach of contract, for which damages of £400 (one week's net pay) were awarded.
Facts
The Claimant worked 35 hours per week at £13.22 per hour in the Respondent's café. Her employment was terminated in June 2024 without notice. She had not been paid for shifts worked in May 2024 (£2,472.42 gross) or June 2024 up to termination (£1,496.25 gross). No response was filed by the Respondent to the ET1 presented on 18 March 2025.
Decision
The Employment Judge decided the claim on the papers under rule 22 as no ET3 had been filed. Both the unlawful deduction of wages claim and breach of contract claim (failure to give notice) succeeded. The Respondent was ordered to pay £3,968.67 for unpaid wages and £400 for failure to give one week's notice, totalling £4,368.67.
Practical note
Rule 21/22 default judgments can be issued on the papers where the respondent fails to file a response and the judge has sufficient information from the claim form and supporting documents to determine the amounts due.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2500269/2025
- 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