Case 6017904/2024 · Employment Tribunal
Mr Yat Hang Yau v Hoja Restarurants Limited — 2025
- Case reference
- 6017904/2024
- Decision date
- 16 May 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Emery REPRESENTATION
Parties
2 namedClaimant
Mr Yat Hang Yau
Respondent
Key findings
Tribunal's reasoningEmployment Judge Emery, sitting alone at London Central by CVP on 17 April 2025, determined four complaints brought by Mr Yat Hang Yau against Hoja Restarurants Limited. The respondent did not attend. The tribunal found that the respondent had made an unauthorised deduction from the claimant's wages by failing to pay his entitlement to tips and service charge between 1 July 2023 and 9 June 2024, and ordered payment of £1,772.58 gross. The tribunal also upheld a breach of contract complaint in relation to notice pay and awarded £230.00, calculated on a gross basis to reflect the likely treatment as Post Employment Notice Pay.
The tribunal further found that the respondent had failed to pay the claimant for holiday accrued but not taken at the end of his employment, treating this as an unauthorised deduction, and ordered payment of £885.50. Under section 163 of the Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a redundancy payment of £690.00.
The claimant is responsible for any tax or National Insurance due on the wages and holiday pay sums. The judgment was approved on 14 May 2025 and sent to the parties on 16 May 2025.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unauthorised deduction from wages: failure to pay entitlement to tips/service charge for the period 1 July 2023 to 9 June 2024. Gross sum awarded; claimant responsible for tax/NI. | Upheld | — | £1,773 |
| Breach of contract | Breach of contract in relation to notice pay; damages calculated using gross pay to reflect likely tax as Post Employment Notice Pay. | Upheld | — | £230 |
| Holiday pay | Failure to pay for holidays accrued but not taken on the date the claimant's employment ended; characterised by the tribunal as an unauthorised deduction from wages. | Upheld | — | £886 |
| Redundancy | Entitlement to a redundancy payment determined under section 163 Employment Rights Act 1996. | Upheld | — | £690 |
Remedy
Monetary award- Total award
- £3,578
- across all upheld claims
Legal tests applied
1 reference- s.163 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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