Claimant v Mira Foods International (UK) Ltd
Outcome
Individual claims
The tribunal found that the Claimant was entitled to payment of unpaid salary for September 2024 (£2,146.58 net) and accrued holiday pay as shown on his payslip, which was never paid. The Respondent failed to respond to the claim or provide any defence, and had promised payment which never materialised.
The tribunal found that the Claimant was owed his share of gratuities/service charges for the period December 2023 to 15 September 2024 (9.5 months). Based on his last known payment of £1,781.73 for three months, the tribunal calculated £593.91 per month x 9.5 months = £5,642.14 net. The Respondent had promised to pay accrued gratuities but failed to do so.
Facts
The Claimant worked as a demi chef-de-partie at the Respondent's Lusin restaurant in Mayfair from November 2022 until the restaurant closed on 15 September 2024. The Respondent sent a closure letter promising to pay all staff their salary, accrued holiday pay and gratuities, but never paid the Claimant his final month's wages or his share of gratuities accumulated over 9.5 months. The Respondent failed to enter a response to the claim or engage with the tribunal process.
Decision
The tribunal found in favour of the Claimant on his unlawful deduction of wages claim under section 23 ERA 1996. The tribunal ordered payment of £2,146.58 net for unpaid September 2024 wages and holiday pay, plus £5,642.14 net for unpaid gratuities covering December 2023 to September 2024, calculated based on his previous payment history.
Practical note
Where an employer closes a business and promises to pay outstanding wages and gratuities but fails to do so, and then fails to defend the claim, a default judgment will be entered based on the best evidence available to the tribunal, including extrapolation from previous payment patterns.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2200036/2025
- Decision date
- 27 May 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- demi chef-de-partie
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- union