Cases2500117/2025

Claimant v O & A International Ltd

22 May 2025Before Employment Judge HeatherNewcastleremote video

Outcome

Partly successful£162

Individual claims

Unlawful Deduction from Wageswithdrawn

The claimant withdrew the complaint of unauthorised deductions from wages during the hearing, and the tribunal dismissed it upon withdrawal.

Othersucceeded

The tribunal found that the respondent failed to distribute tips to the claimant as required. This was a well-founded complaint relating to failure to distribute tips, and the tribunal ordered payment of £162.

Facts

Mr Pasichnyk brought claims relating to unauthorised deductions from wages and failure to distribute tips against his employer O & A International Ltd, likely in the hospitality sector. He was represented by a lay representative, Ms Y Pasichnyk, while the respondent was represented by their Area Manager, Mr Clarke. The hearing took place remotely by CVP.

Decision

The tribunal dismissed the wages deduction claim upon the claimant's withdrawal. However, the tribunal found in favour of the claimant on the tips claim, finding that the respondent had failed to distribute tips properly and awarding £162.

Practical note

Employers in the hospitality sector must ensure proper distribution of tips to workers, as failure to do so can result in successful tribunal claims even where the amounts involved are relatively modest.

Award breakdown

Case details

Case number
2500117/2025
Decision date
22 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
in house

Claimant representation

Represented
Yes
Rep type
lay rep