Cases6002789/2025

Claimant v Canterbury Po'Boys Ltd

Outcome

Claimant succeeds£1,323

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made unauthorised deductions from the claimant's wages. The respondent failed to file a response and the claim was determined under rule 21 based on the claimant's evidence.

Holiday Paypartly succeeded

The tribunal found the respondent failed to pay holiday entitlement for 55 days worked in the current leave year (starting 1 September 2024). However, further information is needed to determine the holiday pay claim for the previous leave year.

Breach of Contractnot determined

The notice pay claim could not be determined as further information is needed. This is likely because the respondent failed to provide written terms and conditions specifying the notice period.

Facts

The claimant D Lewis worked for Canterbury Po'Boys Ltd from 1 September 2024. The respondent made unauthorised deductions from wages totalling £897 and failed to pay holiday entitlement. The respondent also failed to provide written terms and conditions of employment. The respondent did not file a response to the claim.

Decision

The tribunal awarded the claimant £1,322.50 in total comprising £897 for unauthorised deductions, £126.50 for holiday pay for 55 days worked, and a statutory uplift of £299 (two weeks' pay) for failure to provide written terms. Further information is needed to determine holiday pay for the previous leave year and notice pay.

Practical note

Employers who fail to respond to claims face default judgments under rule 21, and failure to provide written terms triggers a mandatory two-week pay uplift absent exceptional circumstances.

Award breakdown

Holiday pay£127
Unpaid wages£897

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure Rule 21ERA 1996

Case details

Case number
6002789/2025
Decision date
11 June 2025
Hearing type
rule 21
Hearing days
Classification
default

Respondent

Sector
hospitality
Represented
No

Employment details

Service
3 months

Claimant representation

Represented
No