In person For the v Amaranta Restaurants Ltd — 2019

Mr Robert Ashpital was employed by Amaranta Restaurants Limited as general manager of the Villa Amaranta in Plymouth from 20 September 2018 until his summary dismissal on 7 January 2019. The respondent denied the claims in its response but did not attend the hearing; the tribunal accepted the claimant's evidence rather than the respondent's account and found the facts proved on the balance of probabilities.

The tribunal found that the respondent had not paid the claimant for December 2018 or for the first week of January 2019, and that it had also failed to give the claimant his contractual and statutory one week's notice. It applied article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 in relation to the breach of contract claim, section 13 of the Employment Rights Act 1996 in relation to the unlawful deduction claim, and regulation 14 of the Working Time Regulations 1998 in relation to holiday pay.

All three claims succeeded. The judgment records a net award for notice pay, a gross award of £3,384.62 for unpaid wages, and a gross award of £507.68 for four days' holiday pay. The opening order states £477.37 for notice pay, while paragraph 11 states £473.77 and the pay calculations at paragraph 5 support the lower figure, so the notice-pay figure is internally inconsistent in the judgment text.