Mrs A Kitching v Andrew Henshaw and Maria Henshaw — 2023

Mrs Kitching worked for the respondents in their farm shop business from 17 April 2023 to 23 June 2023, working 47.5 hours per week. The tribunal recorded that during employment she took two days' holiday. On 23 June 2023 Mrs Henshaw dismissed her without giving notice, pay in lieu of notice, or payment for accrued untaken holiday.

The tribunal held that the dismissal without notice was a breach of contract. It found that the claimant was entitled to one week's notice under section 86 of the Employment Rights Act 1996, that her weekly pay was £593.75 before deductions, and that after crediting £159 in state benefits her loss for the notice period was £434.75. It also found that she was entitled to a payment for accrued but untaken annual leave under regulation 14 of the Working Time Regulations 1998.

For the holiday pay claim, the tribunal accepted that 5.3 days' leave had accrued during the employment, that two days had been taken, and that 3.3 days remained outstanding at termination. It calculated the sum due for that leave as £356.25. The unfair dismissal complaint was dismissed because it had been withdrawn by the claimant. The tribunal therefore ordered the respondents to pay £791, subject to any deductions required by law for tax and national insurance.