I took my employer to a tribunal over an unpaid service charge

This is a record of the service charge I was never paid while working at Tenshi, a London restaurant operated by Tenshi61 LTD. It runs in order from first contacting Acas, through the Employment Tribunal judgment, to actually recovering the money.

The aim was not to write a story, but to put it in a form that lets someone in the same position produce their own numbers. The calculation the tribunal actually accepted is published here in full.

The outcome, up front

Awarded: £4,007.55; Gross, as unpaid wages
My own outlay: £80; Advancing the writ fee. No solicitor
Respondent: No response; Judgment under Rule 22

Acas and the tribunal were both free, and I was not charged for the interpreter. I did not instruct a solicitor and attended the hearing in person. The financial barrier was close to nil. What it cost was time and effort.

The respondent said they had applied to the court to set this judgment aside. However, no copy of any such application reached me or the High Court Enforcement Officer handling enforcement. The stay of enforcement they sought was dismissed by the court, on the basis that there was no evidence any set-aside application had actually been made.

How it unfolded

Written to convey the order of events and the gaps between them.

How it started
A 12.5% service charge was added to every bill, while what came back to staff was roughly £1 on top of the hourly rate. There was no explanation of the allocation rule, written or verbal.
Around raising the issue
It became known internally that I was considering going to Acas. A contract dealing with the service charge was then drawn up with a solicitor involved. It conflicted with what I had understood, I did not sign, and my employment ended afterwards.
Acas Early Conciliation
The certificate was issued about six weeks after notification. No settlement was reached.
Filing the ET1
Filed about ten days after the certificate. It was sent to the respondent around three weeks later, starting their 28-day response period.
Evidence
Eight indexed items, all drawn from the company's own business records. About two months later the respondent said the links had expired and they could not access them. I re-sent, while stating in writing that this did not constitute fresh service.
Before the hearing
A notice arrived staying the claim because the respondent had entered liquidation — withdrawn two days later as having been sent in error. The same correspondence directed me to set out the basis of my figure within seven days.
Judgment
The respondent filed no response and did not attend. I attended the online hearing in person with an interpreter, and £4,007.55 (gross) was ordered under Rule 22.
Enforcement
Nothing was paid by the deadline. The judgment was transferred to a High Court writ and an enforcement agent attended. The respondent said they had applied to set the judgment aside and asked for enforcement to stop; the court dismissed that application. It ended in an agreement to pay £1,000 every two weeks.