Mr Stefano Tortelli v STR 48 Limited (in voluntary liquidation) — 2022

The claimant was employed as an Executive Chef by the respondent, a hospitality business running four restaurants. The respondent did not attend the hearing, but the tribunal was satisfied that notice of hearing had been sent and proceeded with the claimant present. The claimant confirmed that no claim was being pursued in respect of overtime or alleged working hours, apart from the pleaded issues of holiday pay, notice or wages, and expenses.

The tribunal found that the claimant had accrued untaken holiday from 2020/21 and 2021/22. It accepted that coronavirus-related provisions and the respondent's confirmation allowed the 2020/21 leave to be carried forward, and that accrued untaken leave should have been paid in lieu on termination. The tribunal limited the calculation to the figures advanced by the claimant and awarded £5,262 for holiday pay.

The tribunal accepted that the claimant was not paid, or not paid in full, for the notice period he worked, and awarded the amount claimed of £1,899. It also accepted that a final expenses claim of £330 had been approved and was due. The tribunal found that the holiday pay, notice pay, and expenses were wages, that the claimant had not consented to the deductions, and that there was no contractual or statutory basis shown for them; the claims therefore succeeded and the total award was £7,491.