in person. For the v Did not take part in the proceedings. — 2023

The respondent did not file a response and did not attend the open preliminary hearing, so the tribunal proceeded in its absence after noting that reasonable opportunities to participate had been given. The claimant said he worked from 17 April 2022 to 30 June 2022, typically 60 to 70 hours per week, took no holiday, and had not received TRONC payments or itemised payslips.

The tribunal awarded £511.30 for accrued holiday entitlement under the Working Time Regulations 1998. It calculated that sum using gross monthly pay of £2,592 and the statutory entitlement to 28 days' paid leave. The tribunal stated that this calculation did not include TRONC payments.

On TRONC, the tribunal found that the claimant had a legitimate expectation, which acquired contractual effect, that he would receive TRONC payments. It found that this expectation was communicated at the beginning of his employment and periodically thereafter. Because the claimant had no evidence of the respondent's actual service-charge receipts week by week, the tribunal accepted his figure of £250 per week, which produced £2,671.23 for the 75 days of employment.

The tribunal held that the failure to pay TRONC amounted to an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996. It ordered the respondent to pay unpaid wages and accrued holiday entitlement totalling £3,182.53, and noted that where the payments are made gross the claimant is responsible for applicable tax and employee national insurance contributions.