J D Young Mr M Simpson v The Harbour Galley Ltd — 2024

The claimant brought a single claim that he had not been paid the full amount of wages due by Harbour Galley Limited. The respondent did not present a response and did not appear at the hearing. The tribunal heard evidence from the claimant and considered his schedule of hours worked and the calculation of sums due in document C1.

The tribunal found that the claimant had been employed between 21 July 2023 and 11 November 2023. It accepted that he was initially employed as a Chef on £25,000 per annum, then promoted to Sous Chef on £27,000 per annum and later to Head Chef on £37,000 per annum. On the evidence, the tribunal found that wages accrued for the period 21 July 2023 to 31 July 2023, described as 'lying time', were payable at termination and amounted to £1,062.75. It also found unpaid overtime of £1,188 for August 2023, £704 for September 2023 and £704 for October 2023, with no TOIL taken before employment ended.

The claimant was told on 11 November 2023 that the respondent could not continue to trade and that his employment was terminated. He said he was told the overtime and 'lying time' would be paid later, but the tribunal did not find sufficient evidence to conclude that wages to the end of November 2023 were due. It held that the total unpaid sum of £3,412.75 was an unauthorised deduction from wages within s.13 of the Employment Rights Act 1996 and ordered payment of that gross sum, under deduction of tax and national insurance contributions as appropriate.