Claimant v HCB Franchising Ltd t/a Headcase Barbers

The tribunal found that the first respondent made unauthorised deductions from the claimant's wages during the period 30 May to 13 September 2023. The claimant was an employee, not self-employed as incorrectly labelled. The respondent did not attend to defend the claim.

The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The first respondent failed to pay the claimant his notice entitlement following termination. The respondent did not attend the hearing to contest this.

The tribunal found the first respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The claimant was entitled to accrued but unpaid holiday pay. This was uncontested as the respondent did not attend.

The tribunal found that when proceedings began, the first respondent was in breach of its duty to provide the claimant with a written statement of employment particulars under section 38 Employment Act 2002. There were no exceptional circumstances making an award unjust, and it was just and equitable to award four weeks' gross pay.