Cases6009314/2024

Claimant v Amico Coffee Limited

12 February 2025Before Employment Judge Victoria ButlerScotlandon papers

Outcome

Claimant succeeds£4,882

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions from the claimant's wages in the gross sum of £473. The complaint was well-founded and the respondent was ordered to pay the full amount.

Breach of Contractsucceeded

The tribunal found the respondent breached the claimant's contract by failing to pay notice pay. The claimant was entitled to two weeks' notice pay, calculated at £627.68 gross to reflect potential tax liability as Post Employment Notice Pay.

Unfair Dismissalsucceeded

The tribunal found the claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, leading to a 10% uplift on the compensatory award.

Holiday Paysucceeded

The tribunal found the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on the date employment ended. The claimant was awarded £156.64.

Facts

Miss Pinkney was employed by Amico Coffee Limited and was dismissed. The respondent failed to pay her final wages, notice pay, and accrued holiday pay. The respondent also failed to provide written employment particulars and did not comply with the ACAS Code in dismissing the claimant. The respondent did not participate in the proceedings.

Decision

The tribunal found all of the claimant's claims well-founded under Rule 22 (default judgment procedure). The claimant succeeded on claims for unauthorised deductions from wages, breach of contract for notice pay, unfair dismissal, holiday pay, and failure to provide written particulars. A 10% ACAS uplift was applied to the compensatory award. Total award was £4,882.05.

Practical note

Default judgments in Rule 22 cases can result in comprehensive awards covering multiple heads of claim when employers fail to engage with tribunal proceedings and have breached basic employment law obligations.

Award breakdown

Basic award£314
Compensatory award£2,439
Notice pay£628
Holiday pay£157
Unpaid wages£473

Adjustments

ACAS uplift+10%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.207AEmployment Act 2002 s.38

Case details

Case number
6009314/2024
Decision date
12 February 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
hospitality
Represented
No

Employment details

Claimant representation

Represented
No