In person For the v Soulkitchens Group Ltd — 2021

Mr Christopher Kyriacou brought claims for unfair dismissal, breach of contract for notice pay and expenses, holiday pay and unlawful deductions from wages against Soulkitchens Group International Ltd. No ET3 was filed and the respondent did not appear. The tribunal allowed an amendment to correct the respondent's name, noted that a Universal Credit reconsideration had accepted that the claimant had not been paid by the respondent, and recorded that the claimant worked as a menu manager from 19 November 2020 to 18 February 2021 on a salary of £31,000 per year.

The unfair dismissal claim was withdrawn at the hearing after the tribunal had sent a strike-out warning because the claimant did not have two years' service. The tribunal dismissed that claim upon withdrawal. For notice, the tribunal found that the probationary period was three months and had not been completed, so the claimant was entitled only to one week's statutory notice under section 86 of the Employment Rights Act 1996. It awarded £570 net on that basis. The separate expenses claim for £56 was not allowed because the contract required advance written permission, which was not produced.

On the wages claim, the tribunal accepted that the claimant was entitled to his gross salary and that the first month's payment of £2,107.99 had been made to him personally without statutory deductions and without any payslip. It calculated a first-month shortfall of £475.34 and awarded pay for the remaining two months at £2,583.33 each, totalling £5,642. On holiday pay, it found that the claimant accrued 8.25 days over the employment, took no annual leave, and was entitled to £983.65 calculated on a daily rate of £119.23. The total award was £7,195.65.