Claimant v Theobalds Park Op Co Limited (in administration)

The tribunal found that the first respondent made unauthorised deductions from each claimant's wages during the period 16 October 2023 to 19 November 2023. The respondent failed to attend or defend the claim, and the claimants proved their case.

The tribunal found that the first respondent failed to pay three of the claimants (Miss Job, Mr Georgiou, Mrs Decaro) holiday pay in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The respondent was in administration and had failed to make these payments.

The tribunal upheld breach of contract claims for two claimants (Miss Job and Mr Georgiou) for failure to provide notice pay. The first respondent failed to give them one week's notice of termination as required, entitling them to damages equivalent to one week's gross pay.

Mrs Didkovska's redundancy payment claim was struck out because she accepted she had not been employed for two years or more prior to termination, which is required by s.155 Employment Rights Act 1996 to have a right to a redundancy payment.