K Haines v Caskaway Taverns Ltd T/a Thomas Becket Pub: 6014144/2025
JUDGMENT
[1]The claim was presented in the Employment Tribunal on 22 April 2025. The correct respondent is as named above and the respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure.[2]The respondent has made unauthorized deductions from the claimant’s wages and must pay the claimant £566.28 gross, subject to the appropriate adjustments for tax and National Insurance reflected in pay-slips 42, 46 and 47.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £602.48 (2 weeks’ average pay of £669.94 – 2 weeks of universal credit of £67.46).[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £1887.60 gross subject to the appropriate adjustments for tax and National Insurance (£11.44 x 165 hours accrued).[5]The respondent must pay the claimant £3056.36 in total (subject to adjustments for tax and National Insurance as appropriate).[6]There may be further awards to be made pursuant to the matters below.[7]The hearing remains listed on 28 January 2026 to determine the wages deducted for week 43 (as the claimant has not said how many hours she worked in that week); whether the claimant should be awarded a further two weeks’ notice (she originally claimed 2 weeks, which is her statutory entitlement, and has since adjusted that to 4 weeks’) and whether she was unfairly dismissed and if so how much she should be awarded.[8]If the claimant knows how much was due for week 43 and has evidence of her 4 week notice period she should write to the tribunal with this information within 7 days. Likewise it may yet be possible to avoid the hearing if the claimant sends, by the same date, how much she is claiming for unfair dismissal with an explanation of how it has been calculated. This usually consists of a basic award; loss of income and a nominal figure for loss of statutory rights. Recoupment will apply in respect of the period she claimed Universal Credit.[9]The hearing on 29 January 2026 is unlikely to be necessary and is vacated. Employment Judge Corrigan 05 December 2025 Case No. 6014144/2025 1 EMPLOYMENT TRIBUNALS Claimant: Miss Haines Respondent: Caskaway Taverns Ltd t/a Thomas Becket Pub Heard at: London South (by CVP) On: 28 January 2026 Before: Employment Judge Hart Representation: For the Claimant: Litigant in person For the Respondent: Did not attend[1]The Judgment sent to the parties on 9 December 2025 awarding the Claimant 2 weeks’ notice pay for breach of contract is reconsidered under rule 68. The deduction of £67.46 for receipt of universal credit is removed, since this amount will be deducted under the recoupment provisions that apply to the award for unfair dismissal. Therefore in respect of the claim for breach of contract (2 weeks’ notice pay) in addition to the £602.48 previously ordered, the Respondent is to pay the Claimant a further £67.46.[2]The Claimant’s complaint for breach of contract (a further 2 weeks’ notice pay) does not succeed and is dismissed. Case No. 6014144/2025 2[3]The Claimant’s claim for unlawful deduction of wages (non-payment of week 43 when on suspension) succeeds and the Respondent is to pay the Claimant £334.97 net.[4]The Claimant was unfairly dismissed. The Respondent is to pay the Claimant £1393.19, subject to the recoupment provisions as set out below.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:5.1 The total monetary award (i.e. the compensatory award plus basic award) payable to the Claimant for unfair dismissal is £1393.195.2 The prescribed element is £438.50.5.3 The period of the prescribed element is from 22 February 2025 to 19 March 2025.5.4 The difference between(1) and(2) is £954.69. This Judgment has been approved by: