Café worker dismissed for asking to be paid minimum wage wins £51,748
A café worker with 12 years' service was automatically unfairly dismissed after repeatedly asking for his full wages, which were below the national minimum wage. The tribunal awarded £51,748.84.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked 47 hours per week at the respondent's King of Felafel café.
- The claimant was paid £280 net per week, below the national minimum wage.
- The claimant was not provided with a written contract of employment.
- The claimant was dismissed after repeatedly asking for his full wages.
- The respondent failed to pay notice pay, holiday pay, and made unlawful deductions.
- The claimant mitigated his loss by seeking other employment and found a job in July 2022.
Timeline
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Employment started
The claimant began continuous employment with the respondent, later transferring to Camden Express Limited.
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Furlough period began
Due to COVID-19, the claimant was furloughed but did not agree to 80% pay; he received only £205 in some months and nothing in others.
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Returned to work briefly
The claimant worked a full shift but was told to remain on furlough so another employee could work.
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Requested wages
The claimant visited the restaurant to ask for his full wages; he was paid only £200 and said he would go to tribunal.
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Dismissal
The claimant was given his P45 by Mr Afif Sobhi El-Sadek, effectively dismissing him for asserting his right to be paid.
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Claim presented
The claimant brought complaints of unfair dismissal, unlawful deductions, and other claims.
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Initial Rule 21 judgment
Employment Judge Glennie issued a judgment in default as respondent had not responded, but this was later revoked.
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Reconsideration hearing
Employment Judge Lewis revoked the earlier judgment because the respondent's response had been received in time.
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New employment started
The claimant began working at a hotel in Kensington, earning at least as much as before.
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Final hearing day 1
The tribunal heard evidence from the claimant and respondent's witnesses.
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Final hearing day 2
The tribunal heard further evidence and submissions; judgment reserved.
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Judgment issued
Employment Judge Brown issued the final judgment awarding £51,748.84.
The legal issue
The tribunal had to decide whether the claimant was dismissed or resigned, and whether the dismissal was automatically unfair for asserting a statutory right to be paid wages.
The outcome
The tribunal found that the claimant was automatically unfairly dismissed for asserting his statutory right to be paid. The respondent also wrongfully dismissed him, made unlawful deductions (including paying below the national minimum wage), failed to pay notice pay and holiday pay, and did not provide written particulars of employment.
Compensation breakdown:
- Basic award for unfair dismissal: £7,598.52
- Compensatory award for unfair dismissal: £19,071.64 (statutory cap)
- Unlawful deductions from wages: £14,007.52
- Notice pay: £4,272.96
- Holiday pay: £759.87
- Uplift under s38 EA 2002: £1,688.56
- Grossing up over £30,000: additional amount
- Total: £51,748.84
Lessons & takeaways
- If you are paid below the national minimum wage, you have a statutory right to ask for full pay, and dismissal for doing so is automatically unfair.
- Employers must provide written particulars of employment; failing to do so can lead to an additional award of up to 4 weeks' pay.
- Long-serving employees (12 years in this case) are entitled to substantial notice pay and a higher basic award.
- Mitigating loss by seeking new employment can help your claim, as the tribunal will consider it when calculating compensation.
This case shows what can happen when an employer ignores an employee's basic right to be paid properly. The claimant, a café worker with 12 years' service, was paid £280 net per week for a 47-hour week – well below the national minimum wage. When he repeatedly asked for his full wages, he was handed his P45 and dismissed. The tribunal found this was an automatic unfair dismissal for asserting a statutory right.
What the employer did wrong
Camden Express Limited failed on multiple fronts. It paid below the minimum wage, made unlawful deductions, did not provide a written contract, and dismissed the claimant without notice or holiday pay. The tribunal also noted that the claimant had not agreed to be furloughed at 80% pay, yet he received even less during the pandemic. The employer's failure to keep proper records and its inconsistent account of the claimant's hours worked against it.
Why the result matters
This case is a reminder that the right to be paid the minimum wage is a statutory right, and dismissal for asserting it is automatically unfair – no qualifying period needed. The compensation of over £51,000 reflects not just the lost wages and notice pay, but also the unlawful deductions and the employer's failure to provide written particulars. The tribunal also applied a 'grossing up' adjustment because part of the award exceeded the £30,000 tax-free threshold.
For employees in similar situations, the key takeaway is that you cannot be penalised for asking for what you are legally owed. For employers, the message is clear: paying below the minimum wage and dismissing a worker who complains is a high-risk strategy that can lead to substantial awards.
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