Case 6003479/2024 · Employment Tribunal
Mr Sofiann Lakhal v 2nd Avenue Limited — 2025
- Case reference
- 6003479/2024
- Decision date
- 20 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge M Da Costa
- Venue
- London South
Parties
2 namedClaimant
Mr Sofiann Lakhal
Respondent
Key findings
Tribunal's reasoningEmployment Judge M Da Costa, sitting at London South Employment Tribunal (Croydon), found the complaint of unauthorised deductions from wages well-founded. The Respondent had failed to pay the Claimant for a shift worked on 23 April 2024 (GBP 45.76) and had withheld tips of GBP 30 per week for three weeks (GBP 90), and was ordered to pay the gross sum of GBP 135.76.
The Tribunal also found the holiday pay complaint well-founded, holding that the Respondent had failed to pay the Claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, and ordered the gross sum of GBP 1010.90.
The Tribunal further found that when proceedings began the Respondent was in breach of its duty to provide a written statement of employment particulars. It identified no exceptional circumstances that would make a two-week award unjust or inequitable, but considered a four-week award not just and equitable, and accordingly ordered the Respondent to pay GBP 385 under section 38 of the Employment Act 2002.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deductions found: unpaid wages of GBP 45.76 for shift on 23 April 2024 and unpaid tips totalling GBP 90 (GBP 30 per week for 3 weeks). Combined gross sum of GBP 135.76 ordered; Claimant responsible for tax/NI. | Upheld | — | £136 |
| Holiday pay | Respondent failed to pay in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998; gross sum of GBP 1010.90 ordered. | Upheld | — | £1,011 |
| Other | Failure to provide a written statement of employment particulars; award under section 38 of the Employment Act 2002 equal to two weeks' gross pay (GBP 385). Not within the locked claim_type enum so classified as 'other'. | Upheld | — | £385 |
Remedy
Monetary award- Total award
- £1,532
- across all upheld claims
Legal tests applied
3 references- regulation 14(2) Working Time Regulations 1998
- regulation 16(1) Working Time Regulations 1998
- section 38 Employment Act 2002
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.