Mr M Mojumdar v Hello Spice UK Ltd — 2022

The claimant, Mr M Mojumdar, attended the hearing in person with a Bengali interpreter. The respondent, Hello Spice UK Ltd, did not attend. The tribunal accepted that he had worked as a waiter from 28 October 2019 to 20 September 2020, that he worked at least 35 hours per week, and that his agreed rate was £8.72 per hour, equivalent to £305.20 gross per week.

On the wages claim, the tribunal accepted the claimant's evidence about what had been paid and what remained outstanding, including the weekly shortfalls and the additional hours worked on 20 September 2020. It also accepted that the payslips did not correspond to the amounts actually paid. Applying section 13 of the Employment Rights Act 1996, and noting that the respondent had not suggested any contractual right or other agreement authorising deductions, the tribunal upheld the unlawful deductions from wages claim and awarded £4,037.59 gross.

On holiday pay, the tribunal found that under Regulations 13 and 13A of the Working Time Regulations 1998 the claimant had accrued 5.03 weeks' holiday over the period worked. It accepted his evidence that he had worked bank holidays and taken no other leave, and the respondent provided no detail of holiday taken or sums paid on termination. Under Regulation 14, the tribunal awarded £1,535.16 gross for untaken holiday pay.

The notice pay claim failed. The tribunal held that under section 86 of the Employment Rights Act 1996 the claimant was entitled to one week's notice, but he had resigned without giving notice, so the respondent was not in breach of contract. The total award was £5,572.75 gross of tax and national insurance.