Mrs Y Pasichnyk v O & A International Ltd — 2025

The Tribunal, sitting at Newcastle (by CVP) before Employment Judge Gould, considered the claimant's complaints against O&A International Ltd. The complaint of unlawful deduction from wages in respect of unpaid basic wages (excluding tips) was dismissed upon withdrawal. The Tribunal found the claimant's complaints under sections 27D, 27G(a), 27G(b), 27K(1)(a) and 27K(1)(b) of the Employment Rights Act 1996 well founded: the respondent failed to ensure that qualifying tips paid at its place of business were allocated fairly between workers, allocating none to the claimant, and failed to pay any tips to her within the statutory timeframe.

The Tribunal also found the complaint of unauthorised deductions from wages in respect of unpaid tips well founded, identifying a series of deductions totalling £150 in the period 1 October 2024 to 24 November 2024 (£75 for October and £75 for 1–24 November). The respondent was ordered to pay the claimant £150 in respect of those deductions and a further £200 to compensate her for financial loss attributable to the unauthorised deduction.

The Tribunal additionally recommended that the respondent amend its policy on the allocation of qualifying tips paid to front of house staff so that they are distributed on the basis of hours worked, replacing the current 70%/30% split between full time and part time staff irrespective of hours worked.