Luca Loiudice v Dolce Vita Dining Ltd — 2024

Employment Judge K Hunt, sitting alone at Cardiff Magistrates Court on 4 July 2024, upheld all of the Claimant's complaints against Dolce Vita Dining Ltd. The Tribunal found that the Respondent had made unauthorised deductions from the Claimant's wages, comprising a 10-hour shortfall for September (£110.00) and unpaid October wages together with three unpaid November shifts (£1,410.14), and ordered payment of a gross sum of £1,520.14 less tax and NICs.

The Tribunal also found the breach of contract complaint in respect of one week's notice pay to be well founded and awarded £330.00 in damages, calculated on a gross basis to reflect the likely treatment of the sum as Post Employment Notice Pay. The holiday pay complaint was upheld on the basis that the Respondent had failed to pay the Claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, and a gross sum of £825.97 was ordered in respect of 75.5 hours of accrued but untaken holiday due on termination.

The Tribunal further found that when proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars, and that there were no exceptional circumstances making an award unjust or inequitable. Under section 38 of the Employment Act 2002 the Respondent was ordered to pay £660.00, equivalent to two weeks' gross pay. Written reasons were not provided as the reasons had been given orally at the hearing.