Claimant v Amico Coffee Limited
Outcome
Individual claims
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.
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.
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.
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
Adjustments
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
Legal authorities cited
Statutes
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