Case 4106029/2024 · Employment Tribunal
Mrs A M Costa Machado v Mozza Group Ltd — 2024
- Case reference
- 4106029/2024
- Decision date
- 3 October 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge R Sorrell
- Venue
- Glasgow
Parties
2 namedClaimant
Mrs A M Costa Machado
Respondent
Key findings
Tribunal's reasoningThe tribunal combined the two claims under Rule 29 and, because the respondent did not enter a response or appear, determined liability and remedy on the claimants' evidence and documents. It accepted that both claimants had worked for Mozza Group Ltd at the Leeds restaurant on zero-hours contracts, had been paid weekly in arrears, and were told by text on 4 March 2024 that the restaurant would close and 10 March 2024 would be the last working day.
For the first claimant, the tribunal found unpaid wages for 25 February to 2 March 2024, 3 to 9 March 2024, and 10 March 2024, and held that the respondent had not shown any statutory, contractual, or consent-based authorisation for those deductions. It also found holiday pay had accrued and remained unpaid, including sums of £296.45 and £33.14 shown on the pay documents. The tribunal awarded £625.00 gross for unlawful deductions from wages and £329.59 gross for holiday pay.
For the second claimant, the tribunal reached the same conclusion on unpaid wages for 25 February to 2 March 2024 and on holiday pay shown as £408.54 gross on the pay documents, again finding no response from the respondent and accepting her evidence as credible. Her breach of contract claim for notice pay failed for the same reason as the first claimant's: the tribunal found that one week's notice had been given on 4 March 2024 and that she worked her average weekly hours during the notice period. The tribunal therefore upheld the two wages claims and the holiday pay claim for each claimant, dismissed both notice pay claims, and ordered total gross payments of £1,728.11.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | First claimant. Tribunal upheld the claim for unpaid wages and ordered payment of £625.00 gross. | Upheld | — | £625 |
| Holiday pay | First claimant. Tribunal upheld the holiday pay claim and ordered payment of £329.59 gross. | Upheld | — | £330 |
| Breach of contract | First claimant's notice pay claim was dismissed because the tribunal found the respondent had given one week's notice on 4 March 2024 and she worked her average weekly hours during the notice period. | Dismissed | — | — |
| Unlawful deduction from wages | Second claimant. Tribunal upheld the claim for unpaid wages and ordered payment of £364.98 gross. | Upheld | — | £365 |
| Holiday pay | Second claimant. Tribunal upheld the holiday pay claim and ordered payment of £408.54 gross. | Upheld | — | £409 |
| Breach of contract | Second claimant's notice pay claim was dismissed because the tribunal found the respondent had given one week's notice on 4 March 2024 and she worked her average weekly hours during the notice period. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £1,728
- across all upheld claims
- Compensatory award
- £1,728
- compensatory remedy recorded
Legal tests applied
3 references- balance of probabilities
- section 13 Employment Rights Act 1996
- Regulations 13, 13A, 14 and 16 of the 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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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