Nuha Aktar v Cupp Limited — 2025

The claimant worked as a bubble tea barista at the respondent's Ilford shop between 1 October 2024 and 26 October 2024, completing 88.9 hours at GBP 8.60 per hour and averaging 22 hours per week. She received no pay for that period. The respondent did not file an ET3 and did not attend the CVP hearing, and the Employment Judge proceeded under rule 22 of the Employment Tribunal Rules on the available material, including the claimant's evidence.

The Tribunal found the complaint of unauthorised deductions from wages well-founded and ordered payment of GBP 764.54 for unpaid wages. The complaint in respect of holiday pay was also well-founded and the respondent was ordered to pay GBP 75.47 for accrued but untaken holiday on termination. The Tribunal further found the respondent in breach of its duty to provide a written statement of employment particulars and made an award of two weeks' pay (GBP 189.20) under section 38 of the Employment Act 2002, declining to make the higher four-week award.

The Judge identified aggravating features, namely that the failure to pay was deliberate despite acknowledgements by Mr Shafiq that wages were due, and that there had been similar claims in the Employment Tribunal relating to the same cafe. Taking the respondent's means into account, a financial penalty of GBP 514.61 was imposed under section 12A of the Employment Tribunals Act 1996, payable to the Secretary of State.