Case 1400729/2020 · Employment Tribunal
- MR W GARBER FOR THE v - Mr J Martin — 2020
- Case reference
- 1400729/2020
- Decision date
- 21 July 2020
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
- MR W GARBER FOR THE
Respondent
Key findings
Tribunal's reasoningMs S Noun brought claims against So Thai Kitchen Ltd for unpaid notice pay and unpaid holiday pay. At the hearing before Employment Judge Mr P Cadney sitting alone in Bristol on 10 July 2020, the tribunal explained that neither of those claims allowed an award for loss of earnings. It also noted that an unfair dismissal claim was not available because the claimant had less than two years' continuous service.
On notice pay, the respondent did not dispute that the claimant was entitled to one week's notice and had been dismissed without notice or notice pay. The only issue was quantum. The tribunal preferred the claimant's calculation from her payslips, accepted that she worked an average of 24 hours per week, and noted that there were no set contractual hours. It awarded £209.04, calculated as 24 hours multiplied by £8.71.
On holiday pay, the respondent also accepted liability in principle. The parties agreed that the claimant was owed untaken holiday for the period 1 September 2019 to 23 December 2019 and were content for the tribunal to calculate the amount. The tribunal awarded £360.19, calculated by reference to 5.6 weeks' holiday entitlement, the £209.04 notice-pay figure, and 16/52. The total award was £569.23.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Claim for unpaid notice pay. The respondent accepted in principle that notice pay was due; the dispute was the amount. The tribunal accepted the claimant's calculation based on average hours worked because there were no set contractual hours. | Upheld | — | £209 |
| Holiday pay | Claim for unpaid holiday pay. The respondent accepted liability in principle; the parties agreed the amount of untaken holiday owed for 1 September 2019 to 23 December 2019, and the tribunal calculated the sum awarded. | Upheld | — | £360 |
Remedy
Monetary award- Total award
- £569
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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