Mr Z Farooqui v ABBCC Ltd trading as Bombay Curry Club — 2020

The tribunal found that Mr Farooqui was employed as General Manager by BC (NE) Ltd under a contract dated 5 April 2018, with continuous employment beginning on 17 June 2014, basic pay of £19,344 per year (£372 per week), a holiday year running from 1 January to 31 December, 20 days' annual leave plus public holidays, and three months' notice. It accepted that ABBCC Ltd took over the operation of Bombay Curry Club on 27 August 2019 and that Mr Farooqui transferred to the respondent under TUPE. On the main employment-history issues, the judge preferred the claimant's evidence and the evidence of Mr Alim where it was consistent with the claimant's account, and rejected the respondent's case that the claimant had simply agreed to leave the business.

On termination, the tribunal found that the claimant continued to work after the August 2019 transfer, that in September 2019 he was told his services were no longer required, and that he was then told approximately two weeks later that he was dismissed with immediate effect. The effective date of termination was found to be 18 October 2019. The tribunal also found that he took no paid leave during 2019, that 23 days of holiday had accrued and remained unpaid, and that the relevant daily rate of pay was £74.40 gross.

The unauthorised deduction of wages claim failed because the tribunal found the claimant was paid to his effective date of termination, so the wages paid to him were not less than the wages he should have been paid. The breach of contract claim succeeded for failure to pay notice pay, with £4,836 awarded for 13 weeks at £372 per week, and the Working Time Regulations claim succeeded for unpaid holiday pay, with £1,711.20 awarded for 23 days at £74.40 per day. The total payable was £6,547.20 gross, less tax and National Insurance.