Mr G Difilippo v Italianology Limited — 2020

At a hearing on 2 October 2019 before Employment Judge Shotter, sitting alone, the tribunal upheld the claimant’s claims against Italianology Limited. It found an unlawful deduction from wages under s.13 ERA 1996 in respect of unpaid wages for 27 June to 28 July 2019 and 17 days' overtime, and ordered payment of £1,733.82 net.

The tribunal also found the claimant was entitled to one week's notice and that the respondent had not paid it, so the wrongful dismissal claim succeeded and £234.30 net was ordered for unpaid notice. In addition, the tribunal found 22 days' accrued holiday had not been paid under the Working Time Regulations 1998 and awarded £1,030.92 net, calculated at £46.86 per day for the period 27 September 2018 to the effective date of termination, 28 July 2019.

Finally, the tribunal found the respondent had not provided a written statement of terms and conditions of employment in accordance with s.1 ERA 1996 and awarded compensation of £1,000, described as four weeks' gross pay. The notice to parties stated that unpaid sums could attract interest under the Employment Tribunals (Interest) Order 1990 if not paid within 14 days, but the judgment itself did not quantify any interest award.