Case 2301096/2020 · Employment Tribunal
Paulo De Lucca v Appearances: – For the — 2020
- Case reference
- 2301096/2020
- Decision date
- 7 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hargrove
Parties
2 namedClaimant
Paulo De Lucca
Respondent
Key findings
Tribunal's reasoningPaulo De Lucca brought claims arising from his dismissal from work as a pizza chef on 7 January 2020. The respondent did not attend the hearing, and the tribunal proceeded on the claimant’s witness statement, the bundle, the ET3, and counsel’s submissions.
The tribunal held that, even if redundancy was the principal reason for dismissal, the dismissal was procedurally and substantively unfair. It awarded a redundancy payment of £2,362.50 and a compensatory award of £9,071.87, the latter including a 5% uplift of £431.99 for failure to comply with the ACAS code of conduct for grievances. The reasons section says the compensatory figure was based on loss of earnings, furlough loss, a deduction for alternative employment, loss of statutory rights, pension contributions, and job-search expenses.
The tribunal also upheld the claim for notice pay and ordered £684.96 gross for one week’s notice. It upheld the holiday-pay claim under the Working Time Regulations as well. The operative order records holiday pay of £1,119.30, although the reasons section later contains a different holiday-pay total of £1,804.30; that inconsistency is reflected in the extracted record.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that, even on the assumption that redundancy was the principal reason, the dismissal was procedurally and substantively unfair. The compensatory award included a 5% ACAS uplift of £431.99. | Upheld | — | £9,072 |
| Redundancy | The operative judgment awarded a redundancy payment of £2,362.50. | Upheld | — | £2,363 |
| Breach of contract | The tribunal found the respondent had failed to pay full notice pay due and ordered one week’s notice pay gross. | Upheld | — | £685 |
| Working time regulations | The operative order records holiday pay of £1,119.30 under the Working Time Regulations, but the reasons section later sets out a holiday-pay calculation ending at £1,804.30. The extracted record therefore contains an internal inconsistency on this figure. | Upheld | — | £1,119 |
Remedy
Monetary award- Total award
- £13,239
- across all upheld claims
- Basic award
- £2,363
- statutory, unfair dismissal
- Compensatory award
- £9,072
- compensatory remedy recorded
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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