Ms L Nightingale v Mr Neil Chidzey (“R1”) Mr J Turner trading as Joseph Barbershop (“R2”) Mr Joseph Turner (“R3”) Mr Neil Chidzey and Mr Joseph Turner trading as Lunch at Twelve (“R4”) Mr Neil Chidzey trading as Lunch at Twelve Catering(“R5”) — 2024

At Cardiff by CVP on 25, 26 and 29 January 2024, Employment Judge Brace dismissed the unfair dismissal claims against Mr J Turner trading as Joseph Barbershop (R2/R3) and against the partnership of Mr Joseph Turner and Mr Neil Chidzey trading as Lunch at Twelve (R4), but upheld the unfair dismissal claim against Mr Neil Chidzey (R1/R5). For that claim the tribunal awarded a basic award of £1,286, a compensatory award of £2,689.60, and £500 for loss of statutory rights, with a total monetary award of £4,475.60. The Employment Protection (Recoupment of Benefits) Regulations 1996 applied, and the prescribed element was £2,689.60 for the period 14 July 2023 to 29 January 2024.

The tribunal found the notice pay complaint well-founded and awarded £744.01 as damages for the claimant's one-week notice period from 8 to 14 July 2023. The figure was calculated on gross pay less £109.40 SSP received, to reflect the likelihood that tax would be payable as post-employment notice pay.

Under the heading Written Itemised Pay Statements, the tribunal recorded that Mr Chidzey failed to give the claimant written itemised pay statements required by section 8 Employment Rights Act 1996 for the period 13 September 2022 to 14 July 2023. It also found unnotified deductions from pay totalling £1,423.87 in the 13 weeks before the claim form was presented, and ordered that sum to be paid.

The tribunal further found that when proceedings began the respondent was in breach of the duty to provide a written statement of employment particulars. Applying section 38 Employment Act 2002, it held that there were no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable, and that an award of four weeks' gross pay was not just and equitable, so it awarded £1,706.82.