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2309310/2025Partially Successful

The Custom Café Ltd

20 February 2026England & WalesEmployment Judge Morton
GOV.UK

Case Summary

The claimant's claim for £420 in holiday pay was dismissed. The respondent was awarded £1140.73 in respect of an overpayment of wages, offset by £59.99 in unpaid tips owed to the claimant.

Key Issues

  • whether claimant owed holiday pay
  • whether respondent made overpayment of wages

Claim Types

Unpaid Holiday PayUnpaid Wages

Decision Text

1 THE EMPLOYMENT TRIBUNAL SITTING AT: LONDON SOUTH BY CVP BEFORE: EMPLOYMENT JUDGE MORTON BETWEEN: Ms M Fortis Claimant AND The Custom Café Limited Respondent ON: 19 February 2026 Appearances: For the Claimant: In person For the Respondent: Mrs C Sweby, Owner Judgment 1. The Claimant has not shown that the respondent owed her any holiday pay. Her claim for £420 is therefore dismissed. 2. The respondent has shown that it made an overpayment of wages to the claimant in the sum of £1200.72, but accepts that it owes the claimant £59.99 in unpaid tips. Accordingly, I give judgment to the respondent for the amount of its counterclaim, less the amount of the tips, in the sum of £1140.73. The claimant must repay this sum to the respondent forthwith. Approved by: Employment Judge Morton Date: 20 February 2026 2 Judgment sent to the parties and entered in the Register on: 24 February 2026 For the Tribunal Office Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.

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Compensation

Employer

Respondent

The Custom Café Ltd

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Case Details

Case Number
2309310/2025
Decision Date
20/02/2026
Published
12/03/2026
Jurisdiction
England & Wales
Judge
Employment Judge Morton