Claimant v Brooklyn Pizza Crew Fulham Branch
Outcome
Individual claims
The tribunal accepted the claimant's evidence, given under oath, that he had been underpaid during the period 21st December 2023 until 7th April 2024. The claimant produced a schedule showing a deficit of £2,271.39 and bank statements confirming the amounts paid were consistent with the schedule. The tribunal found the claimant's evidence credible and the respondent failed to attend or defend the claim.
Facts
The claimant worked as Front of House staff for Brooklyn Pizza Crew from December 2022 to April 2024. He claimed unauthorised deductions from his wages between 21st December 2023 and 7th April 2024. The respondent never filed a response and failed to attend the hearing despite being given two postponements. The claimant produced a schedule showing underpayments of £2,271.39 and bank statements confirming the payments received.
Decision
The tribunal refused the respondent's second postponement application made at 11.30pm the night before the hearing. The tribunal accepted the claimant's evidence under oath and found the unlawful deduction of wages claim well-founded. The respondent was ordered to pay £2,271.39, the net sum due after tax.
Practical note
Where a respondent fails to defend a claim and does not attend a hearing despite multiple postponements, the tribunal will proceed based on the claimant's evidence if it is credible and supported by documentary evidence such as bank statements and schedules.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2219449/2024
- Decision date
- 10 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Front of House
- Service
- 1 years
Claimant representation
- Represented
- No