Cases6020990/2024

Claimant v The Takeaway Group Limited

20 January 2025Before Employment Judge M AspinallScotlandon papers

Outcome

Claimant succeeds£491

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages by failing to pay for 32.5 hours of work performed between 21-25 October 2024 at the hourly rate of £12.00.

Holiday Paysucceeded

The tribunal found that the respondent failed to pay the claimant's accrued holiday entitlement of 8.45 hours at the rate of £12.00 per hour upon termination of employment.

Facts

The claimant worked for The Takeaway Group Limited and was not paid for 32.5 hours of work performed between 21-25 October 2024. Upon termination, the respondent also failed to pay 8.45 hours of accrued holiday entitlement. The respondent did not defend the claim or participate in proceedings. The claimant was paid at an hourly rate of £12.00.

Decision

The tribunal issued a default judgment under Rule 22 in the claimant's favour, finding unauthorised deduction of wages of £390.00 and unpaid holiday pay of £101.40. The respondent was ordered to pay total compensation of £491.40 plus interest at 8% per annum from 23 January 2025.

Practical note

Where a respondent fails to participate in tribunal proceedings, the tribunal can issue a default judgment awarding the claimant unpaid wages and holiday pay based on the evidence provided by the claimant alone.

Award breakdown

Holiday pay£101
Unpaid wages£390
Interest£1

Case details

Case number
6020990/2024
Decision date
20 January 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No