Case 2202712/2019 · Employment Tribunal
In person For the v No appearance or — 2020
- Case reference
- 2202712/2019
- Decision date
- 13 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Stout Representations
- Venue
- London Central
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe respondent did not enter a response and did not attend the hearing. The tribunal received oral and written evidence from the claimant, including his contract, correspondence about his final pay, and payslips.
The tribunal found that the claimant's three-month probationary period had expired and had not been extended in writing. On the proper construction of the contract, he was therefore entitled to four weeks' notice. As he had been paid only one week, the respondent had breached the contract by failing to pay three further weeks' net pay, amounting to £2,301.
For holiday pay, the tribunal applied the Working Time Regulations 1998 and found that the claimant's termination date was 5 April 2019, after expiry of the four-week notice period. He had accrued 1.46 weeks' holiday, had taken 0.2 weeks, and was entitled to payment for 1.26 weeks, amounting to £966.42. The total sum ordered was £3,267.42.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the claimant was contractually entitled to four weeks' notice and had only been paid one week, leaving three weeks' net pay owing. | Upheld | — | £2,301 |
| Holiday pay | The tribunal found the claimant was entitled under reg 14(2) of the Working Time Regulations 1998 to payment for 1.26 weeks of accrued but untaken holiday on termination. | Upheld | — | £966 |
Remedy
Monetary award- Total award
- £3,267
- across all upheld claims
Legal tests applied
6 references- Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38
- regs 13 and 13A WTR 1998
- reg 14(2) WTR 1998
- reg 14(3) WTR 1998
- s 97 Employment Rights Act 1996
- West v Kneels [1987] ICR 146
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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