Case 2500534/2025 · Employment Tribunal
K Hofberg v Savour Bakery Café & Patisserie Limited — 2025
- Case reference
- 2500534/2025
- Decision date
- 29 May 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sweeney
Parties
2 namedClaimant
K Hofberg
Respondent
Key findings
Tribunal's reasoningThe Claimant, employed as front of house staff from 9 December 2024 to 17 April 2025, brought claims for notice pay, holiday pay and arrears of pay against the Respondent. The Respondent failed to present a Response within the time given, including after the ET1 was re-served at an amended registered office address. Employment Judge Sweeney determined under rule 22 of the Employment Tribunals Rules of Procedure 2024 that, on the available material and further information provided by the Claimant, a judgment could properly be issued without a hearing.
The Tribunal found that the Claimant's contract entitled him to four weeks' notice of termination or a payment in lieu, and that his employment was terminated by WhatsApp message on 17 April 2025 with no notice and no PILON, giving rise to damages of £1,489.62 for breach of contract. The Tribunal also found a shortfall of £12.92 (gross) in the wages paid for 1-17 April 2025, where the amount properly payable was £750.92 against £729.28 actually paid. In respect of accrued but untaken holiday at the date of termination (16.3 hours at £21.21 per hour), the Claimant was entitled to £199 (gross) under regulation 30 of the Working Time Regulations 1998.
All three claims were found to be well founded and succeeded, and the Respondent was ordered to pay the Claimant a total of £1,701.54.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay claim: Claimant entitled to four weeks' notice or PILON under his contract; employment terminated by WhatsApp message on 17 April 2025 with no notice and no PILON paid. | Upheld | — | £1,490 |
| Unlawful deduction from wages | Arrears of pay for 1-17 April 2025 (61.5 hours at £12.21/hour). Amount properly payable was £750.92; amount actually paid was £729.28, leaving a shortfall of £12.92 (gross). | Upheld | — | £13 |
| Working time regulations | Holiday pay outstanding on termination under regulation 30 Working Time Regulations 1998. 16.3 hours accrued but untaken at £21.21/hour = £199 (gross). | Upheld | — | £199 |
Remedy
Monetary award- Total award
- £1,702
- across all upheld claims
Legal tests applied
3 references- Rule 22 of the Employment Tribunals Rules of Procedure 2024
- Rule 17 of the Employment Tribunals Rules of Procedure 2024
- Regulation 30 Working Time Regulations 1998
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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