Cases6015570/2024

Claimant v Rum and Spice Limited

3 February 2025Before Employment Judge M. A SiddiqueLeicesterin person

Outcome

Claimant succeeds£7,856

Individual claims

Unfair Dismissalsucceeded

The tribunal found the complaint of unfair dismissal to be well-founded. The respondent failed to attend the hearing to defend their position, and on the evidence presented by the claimant, the dismissal was determined to be unfair.

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract in relation to notice pay to be well-founded. The respondent failed to pay the claimant proper notice pay upon termination, awarding £823.68 calculated on gross pay.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made unauthorised deductions from the claimant's pay for the period 1 July to 31 August 2024. The respondent failed to attend to provide justification for these deductions.

Holiday Paysucceeded

The tribunal found the respondent made an unauthorised deduction by failing to pay accrued holiday pay to the claimant upon termination of employment.

Facts

Wallace Stephen brought claims against his former employer Rum and Spice Limited for unfair dismissal, breach of contract regarding notice pay, unauthorised deductions from wages for the period July-August 2024, and unpaid holiday pay. The respondent failed to attend the hearing to defend the claims.

Decision

The tribunal found all four claims well-founded in favour of the claimant. The respondent's failure to attend meant the claims were determined on the claimant's uncontested evidence. Total awards amounted to £7,855.82 including compensatory award, notice pay, wage arrears, and holiday pay.

Practical note

Employers who fail to attend tribunal hearings risk default judgments where all claims may be found well-founded based solely on the claimant's evidence.

Award breakdown

Compensatory award£915
Notice pay£824
Holiday pay£641
Arrears of pay£5,476

Case details

Case number
6015570/2024
Decision date
3 February 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No