Miss L Woodburn v GPW Leisure Limited — 2023

Miss L Woodburn worked at the Odd Frog from May 2022 and also worked shifts at the Derby. The tribunal found that, for at least the last three weeks of her time at the Derby, she was employed by GPW Leisure Limited, and that her earlier service counted toward continuity because the Odd Frog work with Hummingbird Leisure Limited was treated as continuous employment with an associated employer. On that basis, the claimant had enough continuous employment to be entitled to one week’s notice under s.86 of the Employment Rights Act 1996.

The tribunal found that on 23 September 2022 the claimant was unwell and told a manager, Mel, that she could not work that day. Mel replied, “if you don’t come in tonight don’t come back at all”. The tribunal held that this was a clear and unequivocal dismissal by someone with authority, or at least ostensible authority, to dismiss her. Because no notice was given, the respondent was in breach of contract and the claimant was awarded £170.05 in damages, calculated by reference to 17.9 hours at £9.50 per hour.

On holiday pay, the respondent accepted that £88.73 was due and provided an amended payslip showing that figure as holiday accrued but not taken, based on 9.34 hours. The claimant sought £162.36, but the tribunal found she could not explain the basis for that higher figure. After reviewing the payslips and the relevant annual leave calculation, the tribunal preferred the respondent’s revised figure and awarded only £88.73. The judgment therefore records two successful claims, with a total monetary award of £258.78.