Mr Darman Singh Rawat v Arena Lounge UK Limited — 2025

The Claimant, employed as Head Chef by the Respondent restaurant from 31 August 2020, left work without notice on 4 February 2024 following a dispute over an outstanding loan made to him by the Respondent and over pay. The Tribunal first considered jurisdiction and accepted that it was not reasonably practicable for the Claimant, who has limited English and relied on his son for assistance, to present his claim in time, and that the claim was presented within a further reasonable period; the application for an extension of time therefore succeeded.

On the substantive claims, the Tribunal found that the signed Contract of Employment permitted the Respondent to deduct sums owed, including outstanding loans, from the Claimant's salary, and that the Claimant had been on notice from a December 2023 meeting that this clause would be applied. The Tribunal rejected the Claimant's assertion that the contract had been falsified. It concluded that there was no repudiatory breach by the Respondent and that the Claimant's decision to leave on 4 February 2024 was his own choice, so the constructive unfair dismissal and breach of contract claims were not well-founded and were dismissed.

On Holiday Pay, the parties agreed that the Claimant had taken no holiday in 2023 or 2024 and had received no Holiday Pay. While the Tribunal accepted that the Respondent's policy was not to carry leave over save at its discretion, it held that the Holiday Pay for the 2023-2024 leave year fell to be paid on termination under the Working Time Regulations, and that claim succeeded, with quantum to be resolved at the listed Remedy Hearing if not agreed.