Mr G Hinton v TA Restaurant Holdings Limited — 2025

The claimant, a former Operations Director, brought claims for unauthorised deductions from wages and breach of contract concerning his salary entitlement, holiday pay, and time off in lieu (TOIL) following his employment with the respondent (a restaurant company) from March to December 2024. The hearing took place at London South Employment Tribunal by CVP.

On the principal salary issue, the tribunal found the contractual remuneration structure was National Minimum Wage 'house pay' (£26,768/9) plus non-guaranteed tronc (forecast at £33,250) totalling around £60,000, rather than a guaranteed £60,000 basic salary plus tronc as the claimant contended. The tribunal therefore dismissed the salary-related deductions, breach of contract, and holiday pay claims, as well as the claim for one day's pay for 20 December 2024.

The tribunal found there was an oral agreement that the claimant would receive TOIL for additional hours worked. However, the tribunal accepted the respondent's investigation finding that the claimant had worked 49 additional hours (rather than the 21.46 days he claimed). At the NMW rate of £11.44/hour the gross sum due was £560.56, which had been unlawfully deducted from his wages. The respondent was ordered to pay £560.56 gross, subject to tax/NI deductions.