Mr R Gurtler v Adam Leisure Limited — 2025

The claim was presented on 14 August 2024 and served on the respondent at the Pavilion Restaurant, 20-21 Middlesborough, Colchester, which the tribunal recorded as a trading address of the respondent and the address shown on the claimant’s payslips. The respondent did not enter a response or attend, and Employment Judge J Bann determined the claim under rule 22 of the Employment Tribunal Rules of Procedure 2024.

The tribunal upheld the complaint of unauthorised deductions from wages. It found that the respondent had made unauthorised deductions for the period 1 to 31 May 2024 in the net sum of £39.80, and for the period 1 to 30 June 2024 in the net sum of £1,844.16, inclusive of annual leave taken in that period. The tribunal ordered payment of £1,883.96 on that claim.

The tribunal also upheld the holiday pay complaint. It found that the respondent had failed to pay the claimant for holiday accrued but not taken as at the termination date, and ordered payment of £661.83. The judgment states that the payments were calculated on net sums owed, were to be paid without deductions, and that the respondent was liable for any tax and national insurance contributions due in respect of the payments.

The total ordered to be paid to the claimant was £2,545.79.