Miss A Neighbour v Mr JW Wells and 1 other — 2025

The Claimant worked as a waitress/bartender at a Richmond restaurant called Antipodea and presented her claim on 2 June 2023, naming Mr JW Wells (First Respondent) and STR 48 Limited (in voluntary liquidation) (Second Respondent). Neither Respondent presented a valid response within the time limit under Rule 17 of the Employment Tribunal Procedure Rules 2024, and none of the parties attended the Final Hearing on 6 June 2025. The outstanding issue identified for determination was the identity of the Claimant's employer, because only an employer can be liable for unauthorised deductions from wages and unpaid holiday pay.

On the basis of evidence provided by the Claimant on 5 January 2024, including a payslip bearing the Second Respondent's name, the Tribunal concluded that the Claimant was employed by the Second Respondent. The claim against the First Respondent was therefore not well-founded and was dismissed. Pursuant to Rule 22(2) of the ET Rules, the Employment Judge determined the claim against the Second Respondent on the available material, finding that the Second Respondent made unauthorised deductions from the Claimant's wages under section 13 of the 1996 Act for work performed between 27 February and 26 March 2022, and failed to pay compensation for accrued but untaken holiday on termination.

The Second Respondent was ordered to pay the Claimant damages of £1,244.44 gross, comprising £575.64 for unauthorised wage deductions and £668.80 for 10.1 days of accrued holiday. The Claimant must account to HMRC for any sums owed in respect of the payment.