Claimant v 2nd Avenue Limited
Outcome
Individual claims
The tribunal found the respondent made unauthorised deductions from wages totalling £135.76, comprising £45.76 for unpaid wages for the shift worked on 23 April 2024 and £90 in unpaid tips (£30 per week for 3 weeks between 1 April and 21 April 2024).
The tribunal found the respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, awarding £1010.90 in unpaid holiday pay.
The tribunal found that when proceedings began the respondent was in breach of its duty to provide a written statement of employment particulars under section 38 of the Employment Act 2002, with no exceptional circumstances making an award unjust or inequitable. The tribunal awarded two weeks' gross pay (£385) rather than four weeks as it was not just and equitable to award the higher amount.
Facts
Mr Lakhal worked for 2nd Avenue Limited in what appears to be a hospitality role. His employment ended on 23 April 2024. The respondent failed to pay him for his final shift, withheld tips worth £30 per week for three weeks between 1 and 21 April 2024, failed to pay accrued holiday pay, and never provided him with a written statement of employment particulars. The claimant brought claims for unlawful deductions from wages, holiday pay, and the statutory penalty for failure to provide employment particulars.
Decision
The tribunal upheld all of the claimant's claims. It awarded £135.76 for unpaid wages and tips, £1010.90 for unpaid holiday pay, and £385 (two weeks' gross pay) as a penalty for the respondent's failure to provide written employment particulars. The total award was £1531.66 gross.
Practical note
Employers in the hospitality sector must ensure they pay all wages including tips, correctly calculate and pay holiday pay on termination, and provide written statements of employment particulars or face statutory penalties.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6003479/2024
- Decision date
- 10 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
- Rep type
- self
Employment details
Claimant representation
- Represented
- No