Gianluca Mazzoni Case Number 2304914/2023 v Bocca Social Limited Open preliminary hearing — 2024

The matter came before Employment Judge M Aspinall sitting alone at the London South Employment Tribunal on 31 May 2024 as an open preliminary hearing. The Respondent had been precluded from participating under Rule 21 for failing to enter a response and did not attend. The Tribunal dismissed the unfair dismissal claim on the basis that the Claimant did not meet the requisite two years' continuous service, and dismissed the age discrimination claim because the Claimant had not adequately particularised the alleged discriminatory statements and actions.

The Tribunal upheld the remaining claims. It declared that the Respondent had made unlawful deductions from wages properly due to the Claimant for June 2023 in the sum of £3,300, and ordered payment of £2,310 in respect of accrued but unpaid annual leave reasonably due on termination. It also ordered £825 for one week's statutory notice pay, having found the Respondent failed to provide minimum statutory notice on termination.

The Tribunal further found that the Respondent had failed to provide the Claimant with the written statement of employment terms and conditions required by law and awarded one week's pay of £825 as appropriate remedy. Judgment was entered against the Respondent in the gross total sum of £7,260, payable immediately, with the Claimant required to account to HMRC for any tax, National Insurance or other deductions properly due.