Claimant v Hoja Restaruants Limited
Outcome
Individual claims
The respondent failed to pay the claimant's entitlement to tips/service charge for the period 1 July 2023 to 9 June 2024. The tribunal found this to be an unauthorised deduction from wages and awarded £1,772.58 in gross deductions.
The respondent breached the claimant's contract by failing to pay notice pay. The tribunal awarded £230.00 as damages for breach of contract, calculated using gross pay to reflect Post Employment Notice Pay treatment.
The respondent failed to pay the claimant for holidays accrued but not taken when employment ended. The tribunal found this to be an unauthorised deduction from wages and awarded £885.50.
Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a redundancy payment and awarded £690.00.
Facts
The claimant was employed by Hoja Restaurants Limited until 9 June 2024, when his employment ended. During his employment from 1 July 2023 to 9 June 2024, the respondent failed to pay him his entitlement to tips/service charge. The respondent also failed to pay notice pay and holiday pay accrued but not taken. The claimant brought claims for unauthorised deductions from wages, breach of contract, and redundancy payment. The respondent did not attend the hearing.
Decision
The tribunal upheld all of the claimant's complaints. The respondent was ordered to pay £1,772.58 for unpaid tips/service charge, £230.00 for notice pay, £885.50 for holiday pay, and £690.00 as a statutory redundancy payment, totaling £3,578.08.
Practical note
Where a hospitality employer fails to attend a tribunal hearing and has not paid tips, notice pay, holiday pay, or redundancy payment, a claimant appearing in person can succeed on all claims and recover the full amounts owed.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6017904/2024
- Decision date
- 14 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No