Claimant v Miss Victoria Cullen t/a Origin Bar and Restaurant
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from the claimant's wages in the sum of £28.60. The claim was well-founded and the tribunal ordered payment of the full gross sum deducted.
The respondent breached its duty under s1 Employment Rights Act 1996 to provide a written statement of employment particulars when proceedings began. The tribunal found no exceptional circumstances making an award unjust and awarded two weeks' gross pay under s38 Employment Act 2002.
Facts
The claimant was employed at Origin Bar and Restaurant. The respondent made an unauthorised deduction of £28.60 from the claimant's wages. When proceedings began, the respondent had failed to provide the claimant with a written statement of employment particulars as required by law. Both parties appeared unrepresented at a remote video hearing.
Decision
The tribunal found both claims succeeded. The respondent must pay £28.60 in unlawfully deducted wages plus £160.10 (two weeks' gross pay) as a statutory award for failure to provide written employment particulars, totalling £188.70. The tribunal found no exceptional circumstances to reduce or increase the s38 award.
Practical note
Employers who fail to provide written statements of employment particulars face automatic financial penalties of 2-4 weeks' pay in addition to any substantive claims brought by employees.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1306166/2024
- Decision date
- 15 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No