Cases1304376/2023

Claimant v Mr S Pardon

15 February 2024Before Employment Judge PowerMidlands Westremote video

Outcome

Claimant succeeds£1,455

Individual claims

National Minimum Wagesucceeded

The tribunal found that the claimant was paid below the national minimum wage, with deductions of £1.50 per hour over 805 hours worked. The respondent was ordered to pay the shortfall of £1207.50.

Unlawful Deduction from Wagessucceeded

The tribunal found that the claimant suffered unlawful deductions from wages in respect of the national minimum wage shortfall. The respondent failed to pay the lawful minimum rate.

Facts

The claimant worked for the respondents at Pardos Café but was paid below the national minimum wage. She was underpaid by £1.50 per hour for 805 hours of work. The respondent also failed to provide a written statement of employment particulars as required by law.

Decision

The tribunal found in favour of the claimant on her complaint of unlawful deduction from wages relating to national minimum wage. The respondent was ordered to pay £1207.50 in arrears and an additional £247 (two weeks' pay) for breach of the duty to provide written employment particulars.

Practical note

Employers in the hospitality sector must ensure compliance with national minimum wage requirements and provide written statements of employment particulars, or face financial penalties.

Award breakdown

Arrears of pay£1,208

Legal authorities cited

Statutes

Employment Rights Act 1996 s1(1)Employment Act 2002 s38

Case details

Case number
1304376/2023
Decision date
15 February 2024
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
lay rep

Employment details

Claimant representation

Represented
No