Mrs L Lopez v 1) Da Marios Ltd 2) Mr R Lamsika — 2021

The claimant presented ET1 claims for redundancy payment, notice pay, holiday pay and an additional payment for the absence of written contractual particulars after her employment ended on 30 June 2020 following furlough. The ET3 response was accepted out of time, and the respondents were allowed to participate. The tribunal accepted the claimant's evidence that she had worked at the restaurant continuously from early 1996 and that Da Marios Ltd had taken over the business in 2013.

On the evidence, the tribunal found continuous employment from early 1996 to 30 June 2020 and weekly pay of £143. It found that she was entitled to a redundancy payment calculated on the maximum 20 years' continuous employment, including 15 years after age 41, in the sum of £3,932.50.

The tribunal also found that no notice had been given and no payment in lieu made when employment ended. Applying the statutory notice provisions, it awarded damages for breach of contract of £1,716.00, being 12 weeks' gross and net pay. It further found that the claimant had no paid annual leave outstanding in the 2020 leave year before termination and made an award under regulation 14 of the Working Time Regulations 1998 for accrued holiday pay.

Finally, the tribunal found that the claimant had never been given a written statement of particulars of employment and made a section 38 Employment Act 2002 award of two weeks' pay, £286.00. The judgment order states the holiday pay award at £400.00, although the reasons section later refers to £400.40.