Miss K Coletto v Gemma Kane t/a Glitterati Parties — 2020

The tribunal, sitting alone before Employment Judge Grundy in Liverpool, held that the correct respondent was Gemma Kane t/a Glitterati Parties. It rejected the claimant's strike-out application, and the holiday pay issue fell away because the respondent had paid the sums due.

On notice pay, the tribunal found that the dismissal letter referred to "conduct" rather than gross misconduct. Although the claimant accepted that she had joined a WhatsApp group that was derogatory about the respondent, the tribunal found no evidence that this caused or undermined the business. It therefore treated the dismissal as misconduct rather than gross misconduct and held that the claimant was entitled to one week's notice under section 86 of the Employment Rights Act 1996.

On written terms and conditions, the tribunal accepted that the respondent had failed to provide them. Applying section 38 of the Employment Act 2002, the judge said a two-week award was reasonable rather than four weeks, noted that the omission had since been rectified, and awarded £324. The total award was £486, comprising £162 for notice pay and £324 for the failure to provide written terms and conditions.