Claimant v Gemlake Ltd T/a Al Duca (in voluntary liquidation) — 2024

The Claimant, formerly a restaurant manager for the Respondent from 17 January 2022 until 10 January 2024, brought a claim under section 23 of the Employment Rights Act 1996 alleging unlawful deductions from his wages under section 13. The Respondent, which had entered voluntary liquidation, informed the Tribunal on 24 May 2024 that it would not attend or be represented at the hearing. The Claimant had received a December 2023 payslip dated 5 January 2024 showing net pay of £1,715.00, but was not paid on the due date of 4 January 2024; he was subsequently issued a second payslip showing net pay of £915.00, which was paid on 31 January 2024, with a covering email stating his 'holidays' had previously been incorrectly processed.

The Tribunal considered the Claimant's sworn evidence, his payslips and bank statements, the Respondent's original all-staff December 2023 spreadsheet, and a more limited spreadsheet attached to the second payslip email purporting to show holiday corrections. The Tribunal found it was not possible to understand from the second payslip and limited spreadsheet the basis on which the Respondent contended the Claimant's holiday shifts had been incorrectly calculated, as no specific dates or details were given.

On the balance of probabilities, the Tribunal was satisfied that the Claimant was properly entitled to the net sum on the original payslip and was owed the £800.00 difference between £1,715.00 and £915.00. The complaint was held well-founded and the Respondent was ordered to pay the Claimant £800.00 net in unpaid wages.