Cases1602758/2024

Claimant v Carib Vibes Bar & Jerk Grill Ltd

20 May 2025Before Employment Judge C SharpWalesremote video

Outcome

Claimant succeeds£3,435

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the claim for unauthorised deduction from wages to be well-founded. The respondent failed to pay wages owed to the claimant, and the tribunal ordered payment of £2135.45 in gross wages.

Holiday Paysucceeded

The tribunal found the claim for unpaid accrued holiday pay to be well-founded. The claimant had not been paid for accrued but untaken holiday, and the tribunal ordered payment of £433.20 representing this entitlement.

Othersucceeded

The tribunal found the claim for failure to provide a statement of employment particulars to be well-founded under s.1 of the Employment Rights Act 1996. The respondent had failed to provide written particulars of employment, and the tribunal awarded two weeks' pay as a penalty under s.38 of the Employment Act 2002.

Facts

Mr Evans brought claims against Carib Vibes Bar & Jerk Grill Ltd, a hospitality business, for unpaid wages, holiday pay, and failure to provide employment particulars. The claimant was not represented and appeared in person, while the respondent was represented by a consultant. The hearing was conducted remotely via video link before Employment Judge C Sharp sitting alone.

Decision

The tribunal found all three claims to be well-founded. The respondent was ordered to pay £2135.45 for unauthorised deduction of wages, £433.20 for unpaid holiday pay, and £866.40 (two weeks' pay) as a penalty for failing to provide a statement of employment particulars, totalling £3435.05 gross.

Practical note

Employers in the hospitality sector must comply with basic employment obligations including paying wages on time, paying accrued holiday pay, and providing written particulars of employment to avoid substantial penalties.

Award breakdown

Holiday pay£433
Unpaid wages£2,135

Legal authorities cited

Statutes

ERA 1996 s.13ERA 1996 s.1Employment Act 2002 s.38Working Time Regulations 1998

Case details

Case number
1602758/2024
Decision date
20 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
lay rep

Employment details

Claimant representation

Represented
No