C Ross v Viva Italia Ltd — 2026

The tribunal upheld C Ross's four complaints against Viva Italia LTD in a judgment under rule 22 of the Employment Tribunal Procedure Rules 2024. The claim form was sent to the respondent on 3 June 2026, but it did not respond within the 28 days required by rule 17. Employment Judge J McCluskey decided that liability and remedy could be determined on the available material without a hearing.

The tribunal awarded £2,112.67 for unauthorised deductions from wages. This comprised unpaid salary of £727.05 for the week ending 6 May 2026 and £814.52 for the week ending 13 May 2026, unpaid tips/tronc of £205.72, and accrued but unpaid holiday pay of £365.38.

The claimant had received no written statement of employment particulars in the relevant period. Under sections 38 and 39 of the Employment Act 2002, the tribunal found it just and equitable to award four weeks' gross pay. Weekly gross pay of £961.54 was capped at £751, giving an award of £3,004.

The breach of contract complaint concerned notice pay. One month's notice had been discussed verbally with the claimant for the General Manager role. The tribunal awarded £4,166.67, representing one month's gross wages.

The tribunal found that the claimant made a protected disclosure on 25 April 2026 and was dismissed on 14 May 2026 because of that disclosure. The automatic unfair dismissal complaint succeeded. The claimant was unemployed for over a month before obtaining another job at £39,000 a year, compared with £50,000 with the respondent. The tribunal awarded £8,333.34, representing two months' gross salary. The total award across the four complaints was £17,616.68, with the claimant responsible for any tax or National Insurance.