Mr E. Gunay v Perfect Five Studio Ltd — 2020

The tribunal found that Mr E. Gunay was employed by Perfect Five Studio Ltd as a Sales Associate from 16 August 2019 on terms reflected in a draft contract and in Ms Davis's contract, including four weeks' written notice after probation and holiday accrual provisions. It rejected the respondent's case that the claimant was only entitled to a part-time, variable-hours arrangement without those contractual entitlements, and it found no agreed variation permitting oral notice.

It held that the claimant's employment ended on 20 January 2020 when the Covent Garden store closed, not on 28 January 2020 when she later received an email with her P45. On that basis, the claim for wages for 21 to 28 January 2020 failed because no wages were payable after dismissal. The tribunal upheld the notice claim, but found that the only loss caused by the absence of four weeks' written notice was the additional holiday accrual that would have built up during that period, assessed at £146.46.

On holiday pay, the tribunal found that the claimant had accrued 1.54 days of untaken holiday by 20 January 2020 and awarded £104.90 for the respondent's failure to pay it. It also held that the same failure amounted to an unauthorised deduction and a breach of regulation 14(2) of the Working Time Regulations, but made no further award because the holiday sum had already been awarded as contractual damages. Separately, the tribunal held that the respondent breached section 1(1) ERA 1996 by failing to provide written particulars of employment and made a section 38 Employment Act 2002 award of £1,362.48, equal to four weeks' pay. The total monetary award was £1,613.84.