Mr L Fenwick and Mr N Yu v Imperial Catering Services Ltd t/a George Wright Boutique Hotel — 2023

The tribunal heard evidence from both claimants and reviewed documents including Mr Fenwick’s contract, payslips, redundancy notice and emails, and Mr Yu’s payslips and emails. The respondent did not attend, but the tribunal was satisfied it had notice of the hearing. The claim was brought as a complaint of unauthorised deduction from wages under sections 13 and 23(1)(a) of the Employment Rights Act 1996.

The tribunal found that the employer of both claimants was Imperial Catering Services Ltd. That conclusion was based on Mr Casson’s role, the express term in Mr Fenwick’s contract, and emails referring to the company, including Mr Fenwick’s redundancy notice. It also found that the papers for the hearing had been served at the hotel address and at Imperial Catering Services Ltd’s registered office.

For Mr Fenwick, the tribunal found that he worked as a night porter from 1 October 2021 to 10 November 2022 and was made redundant by email on 10 November 2022. He had been issued a payslip on 7 November 2022 for £1,290, but that amount was never paid. The tribunal found that he was entitled to that sum and that the failure to pay it was an unauthorised deduction from wages.

For Mr Yu, the tribunal found that he worked as a waiter from 9 October 2021 until his resignation on 24 September 2022. He typically received about £600 per month, should have received a payslip of about £600 on 5 October 2022, and later received a payslip for £83.60 on 5 November 2022. Neither amount was paid. The tribunal found that he was entitled to £683.60 in wages due and owing, and that the non-payment was an unauthorised deduction from wages.