In person. For the First v The White Lion Public House and Others — 2024

The tribunal held that the complaints of unauthorised deductions from wages, breach of contract in relation to notice pay, holiday pay, unfair dismissal, and failure to provide a written statement of employment particulars were all well-founded. On the wages claim, it found that the Third and Fourth Respondents made unauthorised deductions from the Claimant's wages between 18 December 2022 and 1 February 2023 and ordered payment of £791.38 net.

The tribunal also upheld the notice pay claim and awarded £2,667.60 as damages for breach of contract, calculated using net pay. The holiday pay complaint was well-founded because the Claimant was not paid for holidays accrued but not taken when her employment ended, and the tribunal ordered £535.02 net.

On unfair dismissal, the tribunal found that the Claimant was unfairly dismissed by the Third and Fourth Respondents and stated that there was a nil chance she would have been fairly dismissed in any event. It recorded a basic award of £7,410.00 and a compensatory award of £9,941.33, with a total monetary award for unfair dismissal of £17,351.33.

The tribunal further found that the Third and Fourth Respondents unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and said it was just and equitable to increase the compensatory award by 25% under s 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, identifying that uplift as £2,485.33. It also found that, when the proceedings began, the Third and Fourth Respondents were in breach of their duty to provide a written statement of employment particulars, and made an award of four weeks' gross pay, namely £1,140.00, under section 38 of the Employment Act 2002.