Claimant v Mr Shane Mansell Spencer t/a Market Tap, Castleford
Outcome
Individual claims
The tribunal found the claimant worked 240 hours between 25 March 2024 and 15 May 2024 at an agreed rate of £11.44 per hour but was paid only £535 in cash sporadically. There was no evidence of agreement varying the terms or any right for the respondent to withhold wages. This constituted an unlawful deduction under Section 13 ERA 1996.
Facts
The claimant worked as a barista for the respondent's premises, Market Tap in Castleford, for approximately 6 weeks between 25 March and 15 May 2024. He was interviewed and employed by the respondent personally. During this period he worked 240 hours at an agreed hourly rate of £11.44 but was paid only £535 in cash sporadically. The respondent failed to file a response (ET3) and did not attend the hearing.
Decision
The tribunal found in favour of the claimant, accepting his unchallenged evidence as persuasive and cogent. There was no evidence of any agreement varying the original terms or authorising the withholding of wages. The tribunal awarded £2,210.60 being 240 hours at £11.44 less the £535 already paid.
Practical note
Default judgments in wage claims will succeed where the claimant provides cogent evidence of hours worked and agreed pay rates, and the respondent fails to respond or attend the hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6005330/2024
- Decision date
- 17 January 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- barista
- Service
- 2 months
Claimant representation
- Represented
- No