Mr M. Bruza v Libby’s London Ltd Heard via Cloud Video Platform (London Central) — 2024

Mr M. Bruza worked for Libby’s London Ltd as a store manager from 1 November 2022 until his summary dismissal on 9 January 2024. He brought claims for unfair dismissal, holiday pay and notice pay. The unfair dismissal complaint was withdrawn after the tribunal explained that he had less than two years' service and therefore did not have the qualifying service needed for that claim.

On holiday pay, the contract provided 28 days' leave but was silent on the leave year and on carry over. The tribunal found no workplace practice or agreement changing the statutory position, so the leave year ran from the anniversary of the start date under the Working Time Regulations 1998. It found that the claimant had accrued 5.4 days by 9 January 2024, but that he had already taken at least 5 days at the end of 2023 and 4 days in January 2024, so no payment in lieu of untaken annual leave was due.

On the notice pay claim, the tribunal accepted that preparing a rota was an important part of the store manager role and found that the claimant did not produce a rota for the week commencing 4 January 2024. It also accepted that he was not initially forthcoming at the 9 January meeting, but concluded that this single lapse and the staffing confusion did not amount to a deliberate flouting of essential contractual conditions or a repudiatory breach justifying summary dismissal. The tribunal therefore held that the dismissal without notice was wrongful, rejected the respondent's asserted £800 loan deduction because it was not proved, and awarded four weeks' notice pay. The operative order states £2,450.00, although the reasons later calculate £2,540.00 on the salary figures.