Miss J Young v Hospitality Administration Services Limited — 2024

At the remote hearing in Newcastle on 15 January 2024, Employment Judge Sweeney upheld all three claims brought by Miss J Young against Hospitality Administration Services Limited: statutory redundancy payment, holiday pay under regulation 30 of the Working Time Regulations 1998, and unfair dismissal. No respondent attended or was represented.

On redundancy, the tribunal ordered payment of £1,072.50. The calculation used a gross weekly wage of £429, the claimant's age at dismissal of 23, and four complete years of continuous employment. On holiday pay, the tribunal found 6.6 days of accrued but untaken holiday outstanding in the relevant holiday year and ordered £566.28 gross, calculated at a daily rate of £85.80.

On unfair dismissal, the tribunal awarded £10,246. The basic award was recorded as £0 because the £1,072.50 basic award was cancelled out by the statutory redundancy payment. The compensatory award was made up of net loss of income from 1 June 2023 to 10 October 2023, further net losses from 10 October 2023 to 8 January 2024 after deducting income earned in that period, no loss from 8 January 2024 when the claimant was earning £1,608 net per month, and £500 for loss of statutory rights.

For recoupment purposes, the tribunal identified the prescribed period as 1 June 2023 to 15 January 2024 and the prescribed element as £9,746, being the part of the compensatory award attributable to immediate loss of earnings.