Mrs Jasbir Kaur v Pronto Paratha Limited t/a Simply Delicious by Pronto Paratha — 2023

Mrs Kaur's claims concerned unpaid wages, holiday pay on termination, and the Respondent's failure to provide written particulars of employment. The Respondent did not attend the hearing. The tribunal found Mrs Kaur to be truthful and credible, accepted her contemporaneous "list of hours", and substituted Pronto Paratha Limited for the trading name Simply Delicious by Pronto Paratha as the proper respondent.

On the wages claim, the tribunal accepted that Mrs Kaur worked from 11 June 2022 to 31 August 2022 as a chef, was told she would be paid £9.50 per hour, and had an agreed 30-minute deduction for breaks on days worked. It found that she worked 402 hours, multiplied that by £9.50, and deducted the £1,000 already paid, producing unpaid wages of £2,819.00.

On holiday pay, the tribunal found that no holiday year had been provided and that Mrs Kaur took no annual leave. It treated 11 June 2022 as the start of the holiday year, calculated leave on a pro rata basis for the 82-day period of employment, and awarded £568.10 gross for accrued holiday pay on termination. On written particulars, the tribunal accepted that she had repeatedly requested them and had not been given them.

The tribunal therefore held that all three claims were well founded. It made the statutory award under s.38 Employment Act 2002 for the failure to provide written particulars, but the judgment contains an internal inconsistency: the formal decision section states £901.20 gross, while the reasons at paragraphs 34-35 recalculate two weeks' pay as £902.50 using a weekly rate of £451.25. Interest was ordered at the judgment rate from the day after judgment if the sums were not paid within 14 days.