Claimant v Secret Garden Café (Hull) Limited
Outcome
Individual claims
The tribunal found the complaint of unauthorised deductions from wages was well-founded. The respondent made an unauthorised deduction from the claimant's wages in respect of the period worked or taken as annual leave between 27 April and 12 June 2024 inclusive, and was ordered to pay the gross sum deducted of £1,740.16.
The tribunal found that when the 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 (£492) as there were no exceptional circumstances to make such award unjust or inequitable, but declined to award four weeks' pay.
Facts
Rebecca Meadows was employed by Secret Garden Café (Hull) Limited. The respondent made unauthorised deductions from her wages for the period between 27 April and 12 June 2024, totalling £1,740.16. The respondent also failed to provide her with a written statement of employment particulars as required by law. The claimant filed two duplicate claims (2501661/2024 and 2501665/2024). The respondent did not attend or participate in the hearing.
Decision
The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £1,740.16 for unauthorised deductions from wages and £492 (two weeks' gross pay) for failure to provide written employment particulars. The duplicate claim 2501665/2024 was dismissed as judgment had been given in claim 2501661/2024.
Practical note
Employers who fail to attend tribunal hearings risk default judgments, and face statutory penalties for failing to provide written employment particulars in addition to liability for unpaid wages.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2501661/2024
- 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