Mrs C Tang v Churrasco Ltd — 2021

At Hull on 26 November 2021, Employment Judge Miller heard Mrs C Tang's claim against Churrasco Ltd. The respondent did not attend, and the judgment records that the respondent's response was struck out because the manner in which the respondent had conducted the case was unreasonable. The respondent's name was amended to Churrasco Ltd.

The claimant succeeded on her claim for unauthorised deductions from wages. The tribunal ordered payment of £5,400.45 gross, made up of £5,000.06 underpaid salary and £400.39 withheld tips. She also succeeded on her breach of contract claim for notice pay, with £942.31 awarded, and the tribunal added £471.16 because the respondent failed to comply with the ACAS code of practice on disciplinary and grievance procedures in respect of the dismissal.

The claimant further succeeded on her claim for payment in lieu of untaken holidays on termination, with £1,607.68 awarded, and on the claim that she had not been given a written statement of her initial employment particulars, with an award of £1,884.62, described as four weeks' pay. The tribunal also made a preparation time order in the claimant's favour for £1,025. The judgment states that the gross sums may be subject to deductions for tax and/or national insurance, and that no penalty was ordered to the Secretary of State under section 12A of the Employment Tribunals Act 1996.