Cases6000082/2025

Claimant v GIG Hospitality Limited

18 March 2025Before Employment Judge ArullendranNewcastleremote video

Outcome

Claimant succeeds£4,433

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period 16 September 2024 to 15 November 2024. The respondent did not attend to defend the claim. The tribunal awarded the gross sum deducted of £3932.99.

Breach of Contractsucceeded

The complaint of breach of contract in relation to notice pay was well-founded. However, no separate award was made as the amount was already included in the unauthorised deduction of wages award.

Holiday Paysucceeded

The tribunal found the respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The respondent did not attend to contest the claim. The tribunal awarded £500 for unpaid holiday pay.

Facts

Miss Thompson brought claims against her former employer GIG Hospitality Limited for unauthorised deduction of wages, breach of contract for notice pay, and unpaid holiday pay. The respondent made deductions from her wages during the period 16 September 2024 to 15 November 2024. The respondent did not attend the hearing to defend the claims.

Decision

The tribunal found all three claims well-founded. The respondent was ordered to pay £3932.99 for unauthorised deductions from wages (which also covered the notice pay claim), and £500 for unpaid holiday pay, totaling £4432.99. The claimant is responsible for any tax or national insurance on these amounts.

Practical note

Non-attendance by a respondent at a tribunal hearing will typically result in a default judgment where the tribunal accepts the claimant's evidence and awards compensation for well-founded claims.

Award breakdown

Notice pay£3,933
Holiday pay£500
Unpaid wages£3,933

Legal authorities cited

Statutes

Working Time Regulations 1998 regulation 14(2)Working Time Regulations 1998 regulation 16(1)

Case details

Case number
6000082/2025
Decision date
18 March 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No