Claimant v Restaurant Story Limited
Outcome
Individual claims
The tribunal found that the respondent had made an unlawful deduction from wages in relation to holiday pay and ordered payment of £640.33 to the claimant.
Facts
The claimant, Ms Luiza Prymula, brought a claim against Restaurant Story Limited for unlawful deduction from wages relating to unpaid holiday pay. The claimant represented herself at the hearing, while the respondent was represented by Peninsula Business Services Limited. The matter was heard by Employment Judge Fowell via video hearing.
Decision
The tribunal upheld the claimant's claim and found that she had suffered an unlawful deduction from wages in respect of holiday pay totalling £640.33. The tribunal ordered that this sum be treated as earnings subject to tax and national insurance, with the net amount to be paid directly to the claimant.
Practical note
Employers must ensure full and proper payment of accrued holiday pay, and any tribunal award for unpaid holiday pay is treated as taxable earnings under PAYE.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6001741/2025
- Decision date
- 13 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No