Ewelina Dorosz v Poppys Entertainment Ltd and Scotts Restaurant — 2020

The tribunal amended the respondent's name to RHD Midland Ltd under the principles in Selkent Bus Company Limited v Moore. It accepted the claimant's evidence, where it conflicted with the respondent's, and found that she worked as a restaurant manager at Scotts Restaurant from 4 March 2020 to 1 August 2020, was paid £479 per week gross, worked to a rota with specified hours, and was an employee of RHD Midland Ltd.

On holiday pay, the tribunal found that the claimant had worked 21 weeks, had taken 5 days' holiday when she went to Poland, and had accrued 1.76 weeks' leave. It held that on termination she was entitled to payment in lieu of accrued but untaken leave under the Working Time Regulations 1998, and that the respondent's failure to pay that sum was an unauthorised deduction from wages. The award on that claim was £843.04 gross.

On notice, the tribunal rejected the respondent's assertion of gross misconduct and found that the claimant had been dismissed on 1 August 2020 without notice. It held that no contractual notice period had been agreed and that one week's notice was due under the statutory minimum notice provisions in section 86 ERA 1996, so damages of £479 gross were awarded for breach of contract. The tribunal also considered an issue under section 38 of the Employment Act 2002 but made no additional award because it found that the claimant had been given a written statement of employment particulars.