Claimant v Adam Leisure Limited
Outcome
Individual claims
The tribunal found the complaint well-founded. The respondent made unauthorised deductions totalling £39.80 for May 2024 and £1844.16 for June 2024. The respondent failed to enter a response and the judgment was made under rule 21.
The tribunal found the complaint well-founded. The respondent failed to pay the claimant for holiday accrued but not taken as of the termination date. The tribunal awarded £661.83 for unpaid holiday pay.
Facts
The claimant was employed by Adam Leisure Limited at the Pavilion Restaurant in Colchester. The respondent made unauthorised deductions from the claimant's wages for May 2024 (£39.80) and June 2024 (£1844.16). The respondent also failed to pay accrued but untaken holiday pay upon termination. The claim was filed on 14 August 2024 and served on the respondent at their trading address, but the respondent failed to enter a response.
Decision
The tribunal determined the claims under rule 21 as the respondent failed to enter a response. The tribunal found both the unlawful deduction from wages claim and the holiday pay claim to be well-founded, awarding the claimant a total of £2545.79 comprising £1883.96 in unpaid wages and £661.83 in holiday pay.
Practical note
This case demonstrates the consequences of a respondent's failure to engage with tribunal proceedings, resulting in a default judgment under rule 21 with payment ordered on net amounts without deductions, the employer remaining liable for tax and national insurance.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6008531/2024
- Decision date
- 3 February 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No