Mr A. Fullone v Respondent — 2020

Mr A. Fullone presented claims on 12 July 2019 for unfair dismissal, unpaid notice and unpaid holiday pay. The tribunal sent the claim to the respondent on 2 October 2019 and extended the time for a response to 28 November 2019 after an application from Buckworths Ltd on the respondent's behalf. No ET3 or further communication was received, so Employment Judge Goodman determined the matter on the available material under the default judgment procedure.

The tribunal accepted, on the limited material available, that the claimant had been employed by Jessica Colli trading as Il Blandfords. The judge noted that the claimant had no written contract or letter of employment and relied on the payslips and the information provided by the claimant. The judgment also states that if that identification of the employer were wrong, Ms Colli or her legal representative could apply for reconsideration with evidence of who employed the claimant.

The unfair dismissal claim was dismissed because the claimant did not have the two years' qualifying service required to bring that claim. The notice and holiday pay claims remained, and in the absence of any response or material to the contrary the tribunal accepted that the claimant was entitled to the statutory minimum notice of dismissal and accrued unpaid statutory holiday.

The tribunal ordered the respondent to pay £84 as pay in lieu of notice and £223.68 as holiday pay, making a total award of £307.68.