Mr Ashwani Kumar v EEM London Ltd and 2 others — 2026

The Tribunal found that Mr Ashwani Kumar was employed as store manager at the Papa John’s establishment in Harlow from 1 February 2023. His employment began with EEM London Ltd, transferred to PJ Sahota during 2024 and then transferred to EEM Holdings Ltd, which was his employer when he was dismissed. His job and duties remained unchanged through those transfers.

The Tribunal found that Mr Kumar was dismissed on 25 January 2025 when he returned from authorised leave and reported for his usual shift. He had received no dismissal letter, notice or reason beforehand. He was offered work on a cash-in-hand basis, declined it, and was told that he no longer had a job. The Tribunal found that the reasons for dismissal were his refusal to work cash-in-hand and his insistence on itemised payslips, the proper treatment of tax and National Insurance, and his rights to take holidays and receive holiday pay. His dismissal was therefore automatically unfair under section 104 of the Employment Rights Act 1996 for asserting statutory rights, notwithstanding that he had less than two years’ service.

The Tribunal also held that wages for work performed in December 2024 had been unlawfully deducted, that Mr Kumar had not been paid holiday pay during his employment, and that he had received neither notice of dismissal nor notice pay. The holiday-pay finding covered accrued leave in 2023 and 2024, including the holiday taken in January 2025.

Liability was determined at the hearing on 13 May 2026. The Tribunal held that Mr Kumar was entitled to remedies for his successful complaints but did not make a monetary award in this judgment; the amounts were reserved for a separate remedy hearing.