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 worked between 27 April and 12 June 2024 inclusive. The respondent did not attend to defend the claim and the tribunal was satisfied the complaint was well-founded.
The tribunal found the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars when the proceedings began. Under section 38 Employment Act 2002, the tribunal awarded two weeks' gross pay as there were no exceptional circumstances making an award unjust or inequitable, but found it was not just and equitable to award the maximum of four weeks' pay.
Facts
The claimant worked for the respondent café from at least 27 April 2024 until 12 June 2024. The respondent failed to pay wages for this entire period and also failed to provide a written statement of employment particulars. The respondent did not attend the hearing to defend the claims.
Decision
The tribunal found both claims succeeded. The respondent was ordered to pay £1,272.48 in unpaid wages (gross) for the period worked, plus £366.08 representing two weeks' gross pay as an award for failure to provide written employment particulars under section 38 Employment Act 2002.
Practical note
Employers who fail to attend tribunal hearings to defend wage claims risk default judgments, and failure to provide written employment particulars will result in a statutory minimum award of two weeks' pay in addition to substantive remedies.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2501663/2024
- 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