Cases6004721/2024

Claimant v FJ Poole Ltd T/A Lis Chinese

28 May 2025Before Employment Judge RaynerSouthamptonin person

Outcome

Partly successful£1,777

Individual claims

Unlawful Deduction from Wagesfailed

The tribunal found that the claimant's complaint of unauthorised deductions from wages was not well-founded and dismissed the claim.

Holiday Paysucceeded

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. This complaint was well-founded.

Breach of Contractfailed

The tribunal found that the claimant's breach of contract claim was not well founded and dismissed it.

Othersucceeded

The tribunal found that when proceedings began, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There were no exceptional circumstances making an award unjust or inequitable, and it was just and equitable to award four weeks' gross pay under section 38 Employment Act 2002.

Facts

The claimant, Mr Grzegorzewicz, worked for FJ Poole Ltd trading as Lis Chinese, a hospitality business. The tribunal determined he was a worker but not an employee. The claimant brought claims for unauthorised deductions from wages, holiday pay, breach of contract, and failure to provide written employment particulars. A Mandarin interpreter was present at the hearing.

Decision

The tribunal found the claimant was a worker and succeeded in his holiday pay claim (£1176.82) and his claim for failure to provide written particulars (£600). The claims for unauthorised deductions from wages and breach of contract failed. Total award was £1776.82.

Practical note

Employers who engage workers in the hospitality sector must provide written statements of employment particulars and pay accrued holiday pay on termination, or face penalty awards.

Award breakdown

Holiday pay£1,177

Legal authorities cited

Statutes

ERA 1996 s.230Employment Act 2002 s.38

Case details

Case number
6004721/2024
Decision date
28 May 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
lay rep

Employment details

Claimant representation

Represented
No