Mr Junhai Feng v New Zonyi Ltd t/a Kirin Restaurant — 2020

Mr Junhai Feng worked for New Zonyi Ltd t/a Kirin Restaurant from 30 September 2019 to 18 October 2019 and was paid £450 in cash in total. He brought claims for unlawful deductions from wages and holiday pay. The tribunal also dealt with the respondent’s attempt to raise a boiler-repair deduction, but held there was no valid counterclaim in these proceedings because the claimant had not brought a breach of contract claim within the tribunal’s jurisdiction under the Employment Tribunals (Extension of Jurisdiction) Order 1994.

On the wage claim, the tribunal found that there was no written contract, no payslip, and no time records. It preferred the claimant’s evidence on the hours worked because the respondent’s witness had no first-hand knowledge of the kitchen working arrangements and the Head Chef, Mr Li, was not called. The tribunal found that the claimant worked 52 hours in the week commencing 30 September 2019 and 34 hours in the week commencing 14 October 2019, giving 86 unpaid hours in total. Applying the National Minimum Wage rate of £8.21 per hour, it awarded £706.06 for unlawful deductions from wages.

The tribunal rejected any offset for the boiler repair. It found no written agreement authorising deductions from wages within section 13(1) of the Employment Rights Act 1996, and it made no finding as to the cause of the boiler breakdown. The invoice for £984 did not change that position, and the tribunal said the respondent could pursue any such claim elsewhere if it wished.

For holiday pay, the tribunal accepted that the claimant had taken no annual leave during his short employment. Applying regulations 13, 13A and 14 of the Working Time Regulations 1998, it awarded one day’s holiday pay of £82.10. The total gross award was therefore £788.16.