Claimant v Umair Mohammed Shafiq, trading as Cupp Bubble Tea
Outcome
Individual claims
The respondent failed to present a valid response on time. The tribunal determined under Rule 21 that the claims for unauthorised deductions from wages were well-founded. All seven claimants were owed unpaid wages for periods between October and December 2023, and some were also owed holiday pay.
Three claimants (Afsana Mahima, Neha Saba Rafiq, and Ayesha Fox) succeeded in claims for unpaid holiday pay. The tribunal found the respondent had failed to pay accrued holiday pay owed to these claimants.
Facts
Seven claimants worked for the respondent, a bubble tea business, during October to December 2023. The respondent failed to pay wages owed to all seven claimants for varying periods of work. Three claimants were also owed accrued holiday pay. The respondent failed to present a valid response to the tribunal claims.
Decision
Under Rule 21 and Rule 22, the tribunal made a default judgment in favour of all seven claimants. The tribunal found all claims for unauthorised deductions from wages and holiday pay to be well-founded, awarding a total of £9,548.62 across the seven claims.
Practical note
When an employer fails to file a tribunal response, claimants can obtain default judgment for wage and holiday pay claims by demonstrating the amounts owed through a Rule 21 hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3200381/2024
- Decision date
- 18 March 2025
- Hearing type
- rule 21
- Hearing days
- 2
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No