Miss S Hooton v Brewhouse Coffee Shops and Restaurants Ltd (In Voluntary Liquidation) — 2022

Miss S Hooton brought complaints arising out of the termination of her employment by Brewhouse Coffee Shops and Restaurants Ltd (In Voluntary Liquidation). Employment Judge Morris, sitting alone at a remote hearing on 23 March 2022, upheld all three claims before the tribunal: breach of contract, holiday pay under the Working Time Regulations 1998, and unauthorised deduction from wages under the Employment Rights Act 1996.

On the breach of contract claim, the tribunal found that the respondent had failed to give the claimant the seven weeks' notice of termination to which she was entitled under her contract and section 86 ERA 1996. The tribunal awarded £1,540 for that breach, calculated by reference to the claimant's net pay, with any income tax or national insurance liability to be borne by the respondent.

On the holiday claim, the tribunal found that the respondent had not paid compensation for holiday entitlement that had accrued but remained untaken at the end of employment, contrary to regulation 14 of the Working Time Regulations 1998. The tribunal awarded £486 for that element, calculated by reference to gross pay, with any employee national insurance liability to be borne by the claimant. On the wages claim, the tribunal held that the respondent had made an unauthorised deduction by failing to pay the claimant at all for the final 18 weeks of employment, from 8 October 2021 until notification of dismissal on 11 February 2022, and ordered payment of £4,009.50, also calculated by reference to gross pay.