Cases1600700/2024

Claimant v Cross Foxes Dolgellau Ltd

19 February 2025Before Employment Judge T. Vincent RyanWales (Aberystwyth)in person

Outcome

Claimant fails£46

Individual claims

Unlawful Deduction from Wagessucceeded

The Respondent failed to provide itemised pay statements for payments made on 1 November and 1 December 2023. However, the tribunal found that no deductions were actually made from either payment, so while the claim succeeded on the technical breach, no monetary award was warranted.

Unlawful Deduction from Wageswithdrawn

The Claimant claimed the Respondent made a deduction from wages in respect of tips. Without admission of liability, the Respondent offered to settle the claim for £46 and that offer was accepted, such that the claim was withdrawn on settlement.

Direct Discrimination(age)failed

The tribunal found the age discrimination claim not well-founded and dismissed it. Reasons were given orally at the hearing but not included in the written judgment.

Holiday Payfailed

The tribunal found that the Respondent did not fail to pay holiday pay due to the Claimant. The claim was not well-founded and was dismissed.

Unlawful Deduction from Wagesfailed

The Claimant alleged the Respondent made unauthorised deductions by paying her at £11.00 per hour instead of £11.50 per hour. The tribunal found this claim not well-founded and dismissed it.

Wrongful Dismissalfailed

The Claimant brought a breach of contract claim relating to notice of termination (wrongful dismissal). The tribunal found this claim not well-founded and dismissed it.

Breach of Contractfailed

The Claimant claimed the Respondent was in breach of its duty to provide written statement of employment particulars when proceedings began. The tribunal found this claim not well-founded and dismissed it.

Facts

Ms Walker worked for Cross Foxes Dolgellau Ltd, a hospitality business. She brought multiple claims including age discrimination, unlawful deductions from wages (including in relation to tips and hourly rate differences), holiday pay, wrongful dismissal, and failure to provide written particulars and itemised pay statements. Payments were made in November and December 2023 without itemised pay statements.

Decision

The tribunal dismissed the majority of the claims including age discrimination, holiday pay, the hourly rate deduction claim, wrongful dismissal and failure to provide written particulars. The claim regarding failure to provide itemised pay statements succeeded technically but resulted in no award as no deductions were made. The tips deduction claim was settled for £46. Total award: £46.

Practical note

A technical breach of the obligation to provide itemised pay statements does not result in a financial award where no actual deductions were made from wages, though the claim itself succeeds.

Award breakdown

Unpaid wages£46

Case details

Case number
1600700/2024
Decision date
19 February 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
in house

Claimant representation

Represented
No