Claimant v La Planta LTD
Outcome
Individual claims
The respondent failed to present a response and did not attend the hearing. The tribunal found in the claimant's favour on his claim for breach of contract relating to notice pay.
The respondent failed to present a response and did not attend the hearing. The tribunal found the claimant was entitled to payment for accrued but untaken annual leave on termination of employment.
The respondent made unauthorised deductions from the claimant's wages in two respects: firstly in respect of tips that should have been paid to the claimant, and secondly in respect of pension contributions that continued to be deducted after the claimant had opted out of the pension scheme.
Facts
The claimant was employed by La Planta Ltd, a company in the hospitality sector. Following termination of his employment, the claimant was not paid his notice pay or accrued but untaken holiday pay. The respondent also made unauthorised deductions from his wages, specifically withholding tips totalling £151.77 and continuing to deduct pension contributions of £182.99 after the claimant had opted out of the pension scheme. The respondent failed to present a response to the claim or attend the hearing.
Decision
The tribunal found in favour of the claimant on all claims as the respondent failed to defend the proceedings. The tribunal awarded the claimant £3,751.95 comprising notice pay, holiday pay, unpaid tips, and wrongly deducted pension contributions.
Practical note
Employers who fail to engage with tribunal proceedings risk default judgments covering all properly pleaded claims, including notice pay, holiday pay, and unauthorised wage deductions.
Award breakdown
Case details
- Case number
- 6008562/2024
- Decision date
- 24 February 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Name
- La Planta LTD
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No