Mr R Hermanowicz v City and Country Hotels Limited t/a The Royal Hotel Cardiff — 2022

Mr Hermanowicz, employed from 10 September 2010, was found not to have had two separate contracts as the respondent alleged. The tribunal accepted that his established pattern of work was 40 hours of night shifts plus about four evening bar/kitchen shifts a week, and found that on 2 September 2020 the parties varied those arrangements so that he was only required for the four evening shifts. He was then offered voluntary redundancy on 30 September 2020, accepted it on 7 October 2020, and his employment ended on 31 October 2020.

The tribunal held that he was entitled to a statutory redundancy payment under s.135, s.162 and s.163 ERA 1996, calculated on a weekly wage of £196.20, 10 years' service and age 30, producing an award of £1,765.80. It also held that he remained entitled to 10 weeks' notice under s.86 ERA 1996; after credit for the notice pay already made, £848.79 gross remained outstanding. On holiday pay, the reasons calculate 2.5 days untaken leave at £119.90 gross, although the numbered order at paragraph 3 records £119.60.

The tribunal also found a breach of s.38 EA 2002 because the respondent had not provided a written statement of employment particulars at the outset. It awarded two weeks' pay, £392.40, rather than the higher statutory amount. The respondent's counterclaim was dismissed in full: allegations of notice breach, furlough overpayment, harassment/gross misconduct, unannounced attendance at the hotel, and £10,000 in defence costs were not made out.