Claimant v Cupp Limited
Outcome
Individual claims
The claimant worked 88.9 hours at £8.60 per hour between 1 October and 26 October 2024 and received no pay whatsoever. The respondent's manager acknowledged the wages were due via text message but deliberately failed to pay. This was an unauthorised deduction from wages.
The respondent failed to pay the claimant for accrued but untaken holiday when her employment ended on 26 October 2024. The tribunal calculated she was owed 0.4 weeks' worth of holiday pay (22 hours per week at £8.60 per hour).
Facts
The claimant worked as a bubble tea barista at the respondent's Ilford shop for 26 days in October 2024, working 88.9 hours at £8.60 per hour. Despite repeated requests and the manager acknowledging payment was due via text message, the respondent paid nothing. The claimant was not provided with written employment particulars. The respondent failed to file an ET3 or attend the hearing.
Decision
The tribunal made a default judgment under rule 21 in the claimant's favour, finding the claims for unauthorised deduction of wages and unpaid holiday pay well-founded. The respondent was ordered to pay £764.54 in unpaid wages, £75.47 in holiday pay, and £189.20 for failure to provide written particulars. A financial penalty of £514.61 was also imposed.
Practical note
Employers who deliberately fail to pay wages despite acknowledging they are due face not only full compensation but also financial penalties payable to the state, particularly where there is a pattern of similar conduct.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6002536/2025
- Decision date
- 18 June 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Name
- Cupp Limited
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- bubble tea barista
- Service
- 1 months
Claimant representation
- Represented
- No