Claimant v Mr Nitro's Franchise Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period 14-27 August 2024, and ordered payment of the gross sum deducted of £1327.04.
The respondent failed to provide written statement of employment particulars. The tribunal found no exceptional circumstances to reduce the award and it was just and equitable to award four weeks' gross pay under section 38 Employment Act 2002.
Facts
Miss Walker was employed by Mr Nitro's Franchise Limited. The respondent did not enter a response and did not attend the hearing. The claimant was due wages for the period 14-27 August 2024 which were deducted. The respondent also failed to provide the claimant with written statement of employment particulars. The claimant's hours and pay varied and she was paid every two weeks.
Decision
The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £1327.04 for unauthorised deductions from wages, and £1611.56 (four weeks' gross pay) for failure to provide written statement of employment particulars, totalling £2938.60. The claim against the second respondent LN2 Limited was dismissed.
Practical note
Where a respondent fails to enter a response or attend, tribunals will proceed with default judgments on properly evidenced claims, and will award the maximum penalty for failure to provide employment particulars absent exceptional circumstances.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2406805/2024
- Decision date
- 3 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No