Mr J Duran Delgado v Pizzeria Gali Ltd — 2025

The claimant worked for Pizzeria Gali Ltd as a kitchen supervisor from 23 October 2023 until his resignation on 6 July 2024. The respondent did not attend the 27 June 2025 hearing. The tribunal considered rule 47 of the Employment Tribunal Procedure Rules 2024, noted that the respondent had been aware of the proceedings and had stopped corresponding, and decided to proceed in its absence.

On wages, the respondent admitted that sums shown on payslips for 15 June, 29 June and 13 July 2024 were owed but had not been paid. The tribunal found a well-founded complaint of unauthorised deductions from wages and awarded the outstanding gross balance of £3,332.72 after crediting £200 already received.

On holiday pay, the respondent accepted that accrued but untaken holiday was due on termination but disputed the calculation. The tribunal found that, because no leave year was set out in writing, the leave year ran from 23 October 2023 to 22 October 2024 under regulations 13(3) and 13A(4) of the Working Time Regulations 1998. It accepted the claimant's evidence that he worked a regular 46-hour week at £13 per hour, treated that as £598 gross weekly pay under regulation 16(3ZA), calculated 3.98 weeks of accrued leave by the termination date, and awarded £2,380.04 under regulations 14(2) and 16(1).