Mr Joshua Griffiths v Smart Dough Ltd — 2022

The respondent did not present a response and did not attend the hearing. The claimant also did not attend, but was represented by his mother. On the documentary evidence, the tribunal found that Mr Joshua Griffiths worked for Smart Dough Ltd as a bakery operative from 9 August 2018, was paid £8.40 per hour, worked an average of 48 hours per week, and had not been provided with a statement of terms and conditions.

The tribunal found that Mr Griffiths emailed on 10 March 2022 to resign and take another job. Although the attached resignation letter was not available, the tribunal inferred from the respondent's reply and the claimant's evidence that one week's notice had been given, making the effective date of termination 17 March 2022. The claimant had asked about payment and his P45 on 21 March 2022, and the tribunal accepted that he had not received pay for work done between 27 February 2022 and 13 March 2022.

The claims for unfair dismissal and redundancy payment failed because the claimant had resigned rather than being dismissed. The tribunal also found that he had been prevented from taking leave because of the operational needs of the business and that, over the previous two years, he had only taken five days' holiday. It accepted that outstanding holiday remained due on termination.

The tribunal awarded £739.20 gross for unpaid wages, £3,427.20 gross for untaken holiday pay, and £403.20 gross for one week's notice pay by way of damages for breach of contract. It calculated the holiday award using the claimant's figures, including eight hours per day at £8.40 per hour and the statutory minimum holiday entitlement under the Working Time Regulations 1998.