Claimant v TownsendRestaurant Limited
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction of £2,406.42 from the claimant's wages for the period 1 May 2024 to 4 June 2024 inclusive. The respondent did not attend to defend the claim and had not filed a response.
The tribunal found the respondent made an unauthorised deduction of £789.44 by failing to pay the claimant for holidays accrued but not taken when employment ended on 4 June 2024. The claimant had accrued 6.06 days of holiday during employment from 19 March to 4 June 2024.
Facts
The claimant was employed by the respondent restaurant from 19 March 2024 to 4 June 2024 on a salary of £34,000 per annum. The respondent failed to pay the claimant his wages for May 2024 and early June 2024, having only paid £1,000 of what was due. The respondent also failed to pay accrued holiday pay upon termination of employment. The respondent did not file a response to the claim and did not attend the final hearing.
Decision
The tribunal extended the time limit finding it was not reasonably practicable for the claimant to present in time, and the claim was presented within a reasonable period thereafter. The tribunal found both claims for unauthorised deductions (wages and holiday pay) well-founded and awarded the claimant £3,316.25 including interest at 5%.
Practical note
Where a respondent fails to engage with tribunal proceedings at all, the tribunal can proceed in their absence under Rule 47 and will award unlawful deduction claims based on the claimant's evidence, including statutory interest for financial loss.
Award breakdown
Award equivalent: 5.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6014659/2024
- Decision date
- 11 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 3 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep