Renuka Warnakulasuriyage v Eve Fratelli Ltd — 2022

The claimant, Renuka Warnakulasuriyage, worked as a chef at Roma Ristorante from 1 June 2021 until 30 January 2022. The tribunal found that wages were in fact paid by Eve Fratelli Ltd, and substituted that company as respondent under rule 34. The respondent did not present a response or attend the hearing. The claimant had asked for written particulars at the start of employment, sent a reminder and draft statement, but received nothing.

The tribunal accepted the claimant's evidence and bank records that he was paid £8.91 an hour, that no payslips were provided, and that no wages were paid for the period from 24 January to 30 January 2022. It found that he worked 22 hours in that period and was owed £196 gross as an unauthorised deduction from wages. It also found that he had taken four days of leave during the employment and was entitled on termination to payment in lieu of 14.48 days of untaken holiday, calculated at £1,032.14.

The termination followed damage to machinery in the pasta section. Mr Crolla said the claimant would have to pay for the damage and that a deduction would be made from wages, but the tribunal found no contractual basis for any deduction and no evidence that the claimant caused the damage. It held that he was entitled to one week's notice under section 86 of the Employment Rights Act 1996 and awarded £356.40 in notice pay. Because no written statement of particulars had ever been provided, and the respondent had ignored the request and draft statement, the tribunal awarded the higher amount under section 38 of the Employment Act 2002, being four weeks' pay of £1,425.60. The total award was £3,010.14.