Mr D Rice v Creative Cooking Ltd (in place of 'Chef Byung')

Case Number: 2305715/2023

EMPLOYMENT TRIBUNALS Claimant(s): Mr D Rice Respondent(s): Creative Cooking Limited (in place of 'Chef Byung') Heard at: London South Employment Tribunal (via CVP) On: 19 February 2024 Before: Employment Judge Hanning Appearances For the Claimant(s): Mr Rice (In Person) For the Respondent(s): Did Not Attend

JUDGMENT 1) Creative Cooking Limited is substituted for 'Chef Byung' as Respondent. 2) The Claimant's complaint of an unauthorised deduction of wages is well founded. The Respondent must pay the claimant the sum of £655.52. This amount is gross (consistent with all other payments made by the Respondent and the Claimant must account for any tax and NIC payable). 3) The Claimant's claim for unpai...

REASONS 1) At the hearing the Tribunal heard oral evidence given on oath by the claimant including reference to documents uploaded during the hearing. 1 Case Number: 2305715/2023 2) During the hearing the claimant indicated he was not pursuing a claim for failure to pay National Minimum Wage as he intended to pursue that with HMRC. He was however pursuing claims for unpaid wages (including noti...

5 of the Employment Act 2002 (unauthorised deduction from wages). By s38(3) of Act, where an award is made in respect of that claim and, as here, the Tribunal is satisfied that when the claim was begun the Respondent was in breach of their duty under section 1(1) of the Employment Rights Act 1996, then the Tribunal must, absent exceptional circumstances, increase the award by an amount equivale...