Mr J Grzegorzewicz v New Kitchen Parkstone Limited — 2025

The respondent failed to enter a valid response and did not attend the hearing, which was listed to determine liability and remedy. The tribunal found the complaint of unauthorised deductions from wages well-founded for the period 28 May 2024 to 3 July 2024. It accepted the claimant's calculation that 12 shifts at 5.5 hours at £13 per hour produced £858 for delivery driving, plus £169 for refurbishing the kitchen, making £1,027 owed before deducting £466 already paid, leaving £561 gross due.

The tribunal also upheld the breach of contract claim for mileage expenses and awarded £270 as damages, using gross pay to reflect the likelihood of tax being payable. The separate breach of contract claim for notice pay was also well-founded: the claimant was entitled to one week's notice, and the tribunal used an average weekly income of £143, calculated as 2 x 5.5 x £13, to award £143.

The holiday pay complaint was found well-founded under regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The tribunal found the claimant had accrued 0.67 weeks' leave over a six-week period, had taken no leave, and was therefore entitled to £95.81 for unpaid holiday pay. It also recorded that the respondent failed to give written itemised pay statements required by section 8 Employment Rights Act 1996 during the same period, although no separate monetary award is stated for that point.

Finally, the tribunal found that when proceedings were begun the respondent was in breach of its duty to provide a written statement of employment particulars. Applying section 38 Employment Act 2002, it held it just and equitable to award an amount equal to four weeks' gross pay, which it calculated at £572. The total award recorded by the judgment is £1,641.81.