Claimant v Grey and Black Ltd
Outcome
Individual claims
The tribunal found the respondent failed to pay any wages between 12 March 2024 and 11 April 2024, which constituted an unauthorised deduction from wages contrary to the Employment Rights Act 1996.
The tribunal found the respondent made a series of ongoing unauthorised deductions from the claimant's wages through monthly shortfalls in pay during the period 11 March 2023 to 11 March 2024.
The tribunal found the respondent failed to pay the claimant for holidays accrued but not taken on the date employment ended, which constituted an unauthorised deduction from wages.
The tribunal found the respondent breached the contract by failing to pay notice pay to the claimant upon termination of employment.
The tribunal found the respondent breached the contract by failing to pay employer pension contributions throughout the claimant's employment between 11 March 2023 and 14 April 2024.
The tribunal found the respondent breached the contract by failing to pay the claimant his allocation of tips and service charge between 13 November 2023 and 14 April 2024.
Facts
The claimant was employed by the respondent from 11 March 2023 to 14 April 2024 in what appears to be a hospitality role. During employment, the respondent failed to pay wages in full, with monthly shortfalls occurring throughout the employment period. Between 12 March 2024 and 11 April 2024, no wages were paid at all. The respondent also failed to pay employer pension contributions, failed to pass on the claimant's share of tips/service charge from November 2023 onwards, and did not pay notice pay or accrued holiday pay upon termination.
Decision
The tribunal upheld all of the claimant's claims for unauthorised deductions from wages, breach of contract regarding notice pay, pension contributions, and tips. The respondent was ordered to pay a total of £10,270.42 comprising arrears of pay, holiday pay, notice pay, pension contributions, and unpaid tips.
Practical note
Employers in the hospitality sector must ensure wages are paid in full and on time, employer pension contributions are made, tips are properly distributed to staff, and all contractual entitlements including notice and holiday pay are honoured upon termination.
Award breakdown
Case details
- Case number
- 6007210/2024
- Decision date
- 11 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep