Mr S Puentes v Wine and Wallop Ltd — 2023

The claim was determined under Rule 21 after the respondent did not present a response. The claimant, Mr S Puentes, had worked as a chef for Wine and Wallop Ltd from 14 September 2022 to 5 November 2022. The tribunal recorded that on 5 October 2022 the respondent paid him for 14 days' work even though he had worked 16 days, leaving 2 days' wages unpaid, which the respondent had said would be paid the following month.

The tribunal found that on termination the claimant was owed 2 days' wages, equating to £146 gross, and that this amount was not paid. It therefore upheld the claim for unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996 and ordered the respondent to pay £146 gross.

The tribunal also found that the claimant had accrued 4 days' annual leave on termination, including 2 days that had been deducted in November 2022, equating to £292 gross. It upheld the claim for accrued holiday pay under regulation 14 of the Working Time Regulations 1998 and ordered payment of £292 gross. The notice attached to the judgment stated that interest is payable if the award remains unpaid after 14 days from the relevant decision day, which was 25 July 2023, with the calculation day being 26 July 2023 and the stipulated rate 8% per annum.