Mr G Imperato Mr S Yilmaz v Poppy 2017 Limited — 2019

Mr Imperato and Mr Yilmaz were the manager and deputy manager at Zio restaurant in Barrowford. After the restaurant was locked on 17 November 2018 and the lease was said to have been forfeited, the tribunal found that the Bacci brothers were hoping to reopen Zio and were arranging only temporary work at associated restaurants. Mr Imperato did not receive direct replies to his requests for information, and the tribunal held that the respondent terminated his employment when he received a P45 on 8 December 2018. It upheld his unfair dismissal claim, found that the dismissal was treated as redundancy for statutory purposes, and held that he was entitled to 8 weeks' notice damages, with remedy to be dealt with later.

By contrast, the tribunal found that Mr Yilmaz accepted temporary work at Dolce Vita, later told the manager that he had found a job nearer home and was no longer working there, and therefore resigned rather than being dismissed. His unfair dismissal, redundancy and notice claims were dismissed. The tribunal also found that he had not been paid for the period from 12 November to 9 December 2018, so his unlawful deduction from wages claim in respect of unpaid wages succeeded.

On holiday and records, the tribunal found no contractual term entitling either claimant to payment in lieu of untaken holiday, so the breach of contract holiday pay claims failed. It nevertheless held, under the Working Time Regulations 1998, that Mr Imperato had 1.9 weeks and Mr Yilmaz 1.08 weeks of accrued untaken holiday due at termination. The tribunal also found that neither claimant had been given written statements of employment particulars, so section 38 Employment Act 2002 awards were to be considered at the remedy hearing listed for 12 November 2019. No final remedy figure was fixed in this judgment.