Miss K Jones Duggan v Nicholas Friar and 1 other — 2023

The respondents failed to present valid responses on time, so the Employment Judge determined the remaining, non-withdrawn complaints under Rule 21 of the Employment Tribunals Rules of Procedure 2013. The complaints against Mr Friar were dismissed because the only complaints for which he could have been personally liable had been withdrawn.

On the merits, the tribunal found HYPHA Restaurants Limited in breach of contract because the claimant was given one week’s notice instead of the one month’s notice to which she was entitled. It awarded £2,243.59, made up of £1,794.87 for the balance of notice pay and £448.72 as a 25% ACAS uplift; the sum was described as net but based on gross pay because it was likely to be taxed as Post Employment Notice Pay. The tribunal also found breach of contract for unpaid pension contributions and awarded £868.01, comprising £694.41 plus a 25% uplift.

The tribunal further held that there had been an unauthorised deduction from wages for unpaid accrued holiday entitlement and awarded £1,233.18 gross for nine days’ holiday, again including a 25% uplift. It also found a breach of section 92 Employment Rights Act 1996 for failure to provide written reasons for dismissal and awarded two weeks’ pay of £1,076.92, with no ACAS uplift. The complaints of unfair dismissal, age discrimination, sex discrimination and failure to pay a statutory redundancy payment were withdrawn and dismissed on withdrawal, and the sums awarded were to be paid within 14 days; the interest notice stated that unpaid awards would attract interest at 8% per annum from 6 April 2023.