Dillon Catering Ltd

Case Summary

Mr O Warren claimed unpaid holiday pay, pension contributions, notice pay, and gratuities from Dillon Catering Limited. The tribunal found in his favour on holiday pay, pension contributions, notice pay (by consent) and gratuities (not by consent), but dismissed the claim for pay during WTR breaks. A section 38 uplift of £662.68 was awarded, bringing the total payable to £1782.18.

The claimant's claims for holiday pay, pension contributions, and notice pay were admitted by consent. The claim for unpaid gratuities succeeded on the merits. The WTR break claim was dismissed. A section 38 Employment Act 2002 uplift was awarded because the respondent failed to provide the claimant with a written statement of employment particulars.

• •Holiday pay
• •Unpaid employer pension contributions
• •Notice pay
• •Unpaid tips/gratuities
• •Pay during Working Time Regulations breaks
• •Section 38 Employment Act 2002 uplift

1401099 2025 1 EMPLOYMENT TRIBUNALS Claimant: Mr O Warren Respondent Dillon Catering Limited Heard at Southampton (by CVP) On: 6/3/2026 Before: Employment Judge Mr J S Burns Representation Claimant: In person (assisted by his father) Respondent: Miss S Dillon (director) JUDGMENT 1. By consent, the claims for holiday pay (£534.35), unpaid employer pension contributions (£132.81), and one weeks’ notice pay (£331.34) succeed 2. Not by consent, the claim for unpaid tips/gratuities (£121) succeeds 3. The claim for pay during WTR breaks is dismissed 4. Under section 38 Employment Act 2002, the Respondent must pay the Claimant £662.68 5. The claim for a preparation time order is dismissed on withdrawal by the Claimant 6. The total amount payable by the Respondent to the Claimant is £1782.18. This is payable by 20/3/2026. J S Burns Employment Judge Date: 6/3/2026 Date sent to parties: 19 March 2026 Note: Oral reasons were provided during the Hearing and will be provided in writing only if a written request is made by either party within 14 days of the date that this document is sent to the parties by The Tribunal Office.