Mr Andre Munhos v TownsendRestaurant Limited — 2025

The respondent was notified of the claim and the final hearing but did not file a response or attend. The tribunal therefore proceeded in the respondent’s absence under Rule 47 of the Employment Tribunal Procedure Rules 2024. It also considered the limitation issue under section 23 of the Employment Rights Act 1996 and found that, although the applicable time limit expired on 3 October 2024 and the claim was presented on 10 October 2024, it was not reasonably practicable for the claimant to present the claim by the deadline and he had presented it within a reasonable period afterwards.

The tribunal found the complaint of unauthorised deductions from wages well-founded. It accepted that the respondent had made an unauthorised deduction of £2,406.42 from the claimant’s wages in the period 1 May 2024 to 4 June 2024 inclusive. It also awarded £90.65 interest at 5% for the period from 4 June 2024 to the date of hearing, making £2,497.07 payable on this head, with the claimant responsible for any tax or National Insurance due.

The tribunal also found the holiday pay complaint well-founded. It held that the respondent had made an unauthorised deduction of £789.44 by failing to pay for holidays accrued but not taken when the claimant’s employment ended, covering the period 19 March 2024 to 4 June 2024 inclusive. It added £29.74 interest at 5% to the date of hearing, making £819.18 payable on that head. The judgment sum due was £3,316.25 in total.