Claimant v Proper North Ltd
Outcome
Individual claims
The tribunal found a contract was formed with an agreed hourly rate of £12.50. The respondent failed to pay at this agreed rate, instead paying approximately £9.73 per hour. The claimant provided bank and HMRC records showing underpayment across April, May and June 2024, resulting in total underpayment of £1,198.45.
Under Working Time Regulations 1998 regulation 14, the claimant was entitled to accrued but untaken holiday pay on termination. Having worked approximately 2 months with average weekly hours of 45, he was entitled to 5 days (one week) of holiday pay at his agreed rate of £12.50 per hour, totalling £562.50.
Facts
The claimant was employed as a chef from April to June 2024 at an agreed hourly rate of £12.50, working an average of 45 hours per week. The respondent consistently underpaid him at approximately £9.73 per hour instead of the agreed rate. No contract or payslips were provided. The respondent filed no defence, having claimed not to have seen the claim papers until the day before the hearing.
Decision
The tribunal found the claimant was promised and accepted employment at £12.50 per hour, which formed a binding contract. The respondent breached this contract by underpaying the claimant across three months. The tribunal awarded damages for breach of contract totalling £1,198.45 and accrued holiday pay of £562.50, for a total award of £1,760.95.
Practical note
Employers who fail to provide written contracts or payslips face significant evidential difficulties defending wage claims, particularly where claimants can corroborate their account through bank and HMRC records.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6006532/2024
- Decision date
- 16 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Proper North Ltd
- Sector
- hospitality
- Represented
- No
- Rep type
- in house
Employment details
- Role
- chef
- Service
- 2 months
Claimant representation
- Represented
- No