Cases2400447/2025

Claimant v Share The Loaf Ltd

26 March 2025Before Employment Judge K M RossMidlands Weston papers

Outcome

Claimant succeeds£863

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made unauthorised deductions from wages totalling £621.00, comprising £460.00 for April 2024 pay and £161.00 for mandatory training days on 22-23 August 2024. The respondent did not participate and the claim was decided on the papers under Rule 22.

Holiday Paysucceeded

The tribunal found the respondent failed to pay the claimant's accrued but untaken holiday entitlement of £230.00 upon termination of employment. The respondent did not participate and the claim was decided on the papers under Rule 22.

Breach of Contractsucceeded

The tribunal found the respondent breached the claimant's contract by failing to reimburse essential business expenses totalling £12.39 that remained outstanding at the date employment terminated. The respondent did not participate and the claim was decided on the papers under Rule 22.

Otherfailed

The claimant sought compensation for impact on health. The tribunal had no jurisdiction to award damages or compensation for stress, health issues or inconvenience in respect of unlawful deductions from wages, holiday pay or breach of contract claims.

Facts

The claimant S Yin brought claims against Share The Loaf Ltd for unpaid wages, holiday pay and unreimbursed business expenses. The respondent failed to pay £460 for April 2024 and £161 for two days of mandatory training in August 2024. The claimant was also owed £230 in accrued holiday pay and £12.39 in business expenses when employment ended around August 2024. The respondent did not participate in the proceedings.

Decision

Employment Judge Ross decided the case on the papers under Rule 22 as a default judgment. The tribunal upheld all monetary claims totalling £863.39 but rejected a claim for health impact damages, finding it had no jurisdiction to award compensation for stress or health issues in these types of claims.

Practical note

Default judgments under Rule 22 can be granted on the papers where a respondent fails to participate, but tribunals cannot award damages for stress or health impact in unlawful deduction from wages or breach of contract claims.

Award breakdown

Holiday pay£230
Arrears of pay£621

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 Rule 22Employment Tribunals (Interest) Order 1990

Case details

Case number
2400447/2025
Decision date
26 March 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No