Claimant v GIG Hospitality Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages during the period June to October 2024. The complaint was well-founded and the respondent was ordered to pay the gross sum that had been deducted.
The tribunal found that when proceedings began, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars under section 38 Employment Act 2002. The tribunal found no exceptional circumstances making an award unjust or inequitable and awarded 4 weeks' gross pay.
Facts
The claimant was employed by GIG Hospitality Limited and brought claims for unauthorised deductions from wages for the period June to October 2024, totalling £1069.21. The respondent also failed to provide the claimant with a written statement of employment particulars. The respondent did not attend the hearing.
Decision
The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £1069.21 in unpaid wages and an additional £732.72 (4 weeks' gross pay) as an award under section 38 of the Employment Act 2002 for failing to provide written terms and conditions, resulting in a total award of £1801.93.
Practical note
Employers who fail to attend tribunal hearings risk default judgments, and failure to provide written employment particulars can result in additional financial penalties of 2-4 weeks' pay on top of other awards.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2502126/2024
- Decision date
- 30 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep