Mr K Gordon v Cove Restaurant Limited — 2026

Mr K Gordon claimed that Cove Restaurant Limited had made an unlawful deduction from his wages because he received less in gratuities at the end of his employment than he believed was due. The respondent said he had been paid under its policy of allocating 10% of quarterly tips among casual staff. The claimant had no evidence that the policy differed from that description, no evidence of the tips received during the relevant quarter, and no evidence that his payment was below his entitlement. The Tribunal also found that the respondent's expression of a desire to settle in its ET3 was not a concession that an underpayment had occurred.

Applying sections 13 and 13(3) of the Employment Rights Act 1996, the Tribunal stated that the claimant bore the burden of proving the amount properly payable and that the amount paid was less. Although the relevant evidence would not ordinarily have been in his possession, he had not sought an order compelling its production despite having been informed of that option. The Tribunal concluded that he had not proved that he was paid less than was properly payable and dismissed the unlawful deduction from wages claim as not well-founded. No monetary award was recorded.