Cases2408546/2022

Claimant v Boujee Restaurant and Bar

11 April 2025Before Employment Judge ShotterManchesteron papers

Outcome

Claimant succeeds£1,102

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made an unauthorised deduction from the claimant's wages. The claimant was awarded £1,159.51 gross, less £289.95 already received, resulting in a net award of £869.85.

Holiday Paysucceeded

The tribunal found the respondent failed to pay the claimant's holiday entitlement and awarded the claimant £231.90 net for unpaid holiday pay.

Facts

The claimant E Coles brought claims against Boujee Restaurant and Bar, a hospitality business in creditors voluntary liquidation. The claimant alleged unauthorised deductions from wages and failure to pay holiday entitlement. The respondent did not participate in the proceedings.

Decision

Employment Judge Shotter issued a default judgment under Rule 22, finding in favour of the claimant on both claims. The tribunal ordered payment of £869.85 net for unauthorised wage deductions (after crediting £289.95 already received) and £231.90 net for unpaid holiday pay.

Practical note

Default judgments under Rule 22 can be issued by legal officers where respondents fail to participate, though recovery may be difficult where the employer is insolvent.

Award breakdown

Holiday pay£232
Unpaid wages£870

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 - Rule 22

Case details

Case number
2408546/2022
Decision date
11 April 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No