Claimant v Secret Garden Café (Hull) Limited
Outcome
Individual claims
The tribunal found 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 the hearing to defend the claim, and the claimant succeeded in proving the deduction was unauthorised.
The tribunal found that when proceedings were begun, 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 awarded two weeks' gross pay as there were no exceptional circumstances to prevent an award.
Facts
The claimant worked for the respondent café between at least 27 April and 12 June 2024. The respondent failed to pay the claimant wages for this period and failed to provide a written statement of employment particulars. The respondent did not attend or defend the hearing.
Decision
The tribunal found both claims well-founded. The respondent was ordered to pay £2,601.04 in unpaid wages and £634.56 (two weeks' gross pay) for failure to provide written employment particulars, totalling £3,235.60.
Practical note
Employers who fail to attend tribunal hearings face default judgments, and failure to provide basic employment particulars carries a mandatory minimum penalty of two weeks' pay when combined with successful claims.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2501662/2024
- 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