Maryellen Wills Blackburn v Johann Scerri trading as Tiffin Tea Rooms — 2025

Maryellen Wills Blackburn worked as a cook for Johann Scerri trading as Tiffin Tea Rooms from 4 December 2023 until 15 August 2024. Her only claim was for unauthorised deductions from wages under section 13 ERA 1996, arising from alleged underpayment in July and August 2024. The tribunal noted that neither side complied with the case management directions, so it relied mainly on the parties’ ET1 and ET3 statements and the documents emailed before and during the hearing.

The tribunal preferred the Claimant’s account that she was part-paid in cash as well as through the Respondent’s bank account. It relied on a note in the Claimant’s notebook referring to a bank payment and a cash payment, a WhatsApp message in which Ms Kenny appeared to accept that she had overlooked a cash payment, and inconsistencies in Ms Kenny’s oral evidence on whether cash payments had been made.

On the hours worked, the tribunal accepted that the Claimant used her notebook to record her shifts and found the July and August 2024 entries to be accurate, except that the Claimant had exaggerated the start time of some shifts by recording 8.30am or 8.45am rather than 9am. It found that in July 2024 she worked 82 hours and was paid for 39 hours on the payslip plus 18.5 hours in cash, leaving 24.5 hours unpaid. For August 2024, it found that she worked 44.25 hours and was paid for 36 hours, leaving 8.25 hours unpaid.

The tribunal therefore held that the Respondent unlawfully deducted wages from the Claimant in July and August 2024. It awarded £281.75 for July and £94.88 for August, making a total award of £376.63 gross, with the Claimant responsible for any tax or National Insurance due.