Claimant v Secret Garden Café (Hull) Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages for the period between 27 April and 12 June 2024. The complaint was well-founded and the respondent was ordered to pay the gross sum deducted.
The tribunal found that when proceedings were begun, the respondent was in breach of its duty to provide the claimant with written statement of employment particulars under the Employment Act 2002 s.38. There were no exceptional circumstances making an award unjust or inequitable.
Facts
The claimant worked for the respondent café from at least 27 April 2024 until 12 June 2024. During this period, the respondent made unauthorised deductions from the claimant's wages totalling £2,082.08 gross. The respondent also failed to provide the claimant with a written statement of employment particulars as required by law. The respondent did not attend or defend the hearing.
Decision
The tribunal found both complaints well-founded. The respondent was ordered to pay £2,082.08 in unpaid wages (gross) and an additional £572 (representing two weeks' gross pay) for failing to provide written employment particulars. The claimant's weekly gross pay was calculated as £286.
Practical note
Employers who fail to defend claims and do not attend hearings face liability for unpaid wages plus statutory penalties for failure to provide written employment particulars, even where relatively short periods of employment are involved.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2501664/2024
- Decision date
- 2 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No