Mr T Zovko v The Hungry Canary Limited — 2023

The Tribunal held that the claim for automatically unfair dismissal was well-founded. It awarded £2,112, consisting of 80% of 15 weeks' gross weekly pay of £176 between dismissal and the start of alternative employment. The Tribunal recorded that the Claimant found alternative work 15 weeks after dismissal and therefore did not incur further financial loss after that point. No basic award was payable.

The Tribunal also upheld the claims for holiday pay and unauthorised deduction from wages. It made a combined award of £1,172.16 for those claims, using two pay periods: 05/08/2021 to 06/09/2021 at the NMW rate of £6.45 per hour for 106 hours, and 07/09/2021 to 13/01/2021 as recorded in the judgment for 18.3 weeks including PILON at £5.50 per hour for 32 hours per week. The judgment calculated gross entitlement at £4,270.17, less £3,098.27 already paid.

The Tribunal further upheld the claims for failure to give a statement of employment particulars and failure to provide a statement of changes to employment particulars. It awarded £341.85 for the first claim, calculated as two weeks' pay at 26.5 hours multiplied by £6.45, and £352 for the second, calculated as two weeks' pay at 32 hours multiplied by £5.50. The grand total awarded to the Claimant was £3,978.01, payable forthwith.