Takeaway ordered to compensate workers £50k

Saturday 03 July 2021

A St. Helier takeaway business has been ordered to pay nearly £50,000 to three former employees it unfairly sacked.

The compensation order against Robin Hood Curry House Limited related to claims of unfair dismissal, unpaid notice pay and failing to provide a contract.

The takeaway did not respond to the claims brought by its staff or attend the remedies hearing at the Employment Tribunal, which published its judgment this week. 

Io Kuong Fong, Wai Man Lam and Zhao Hui Chen all submitted their claims in July 2020.

In January 2021, a remedies hearing took place at the Tribunal but Robin Hood didn’t attend. 

Robin Hood did not pay any of the awards set by the tribunal and each of the claimants then obtained a judgment against the business in the Petty Debts Court. 

The judgments were still not satisfied and were referred to the Viscount for enforcement.  

Following contact between the Viscount and Robin Hood, it became apparent that the claimants had brought their claims against the wrong legal entity, having identified their employer on the claim form as Robin Hood (Jersey) Limited.

In April 2021, the Tribunal set aside the judgments from August 2020 and 13 January 2021.

The claimants then amended the identity of the business as well as its registered address on the claim forms, who were sent again to Robin Hood Curry House Limited. No response was filed. 

Dr Elena Moran, Chairman of the Tribunal, concluded she had enough information to make a decision on liability and remedies and that no further hearing was required. 

She therefore made orders for compensation and damages in sums identical to the previous judgments: £6,726.06, £17,389.64 and £22,012.56, making a total of just over £46,000.