Claimant v FJ Poole Ltd T/A Lis Chinese
Outcome
Individual claims
The tribunal found that the claimant's complaint of unauthorised deductions from wages was not well-founded and dismissed the claim.
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.
The tribunal found that the claimant's breach of contract claim was not well founded and dismissed it.
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
Legal authorities cited
Statutes
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