Mr E McHenry v Members Limited t/a Marks Tey Hotel — 2021

The tribunal unanimously held that the breach of contract claim and the holiday pay claim succeeded. On the contract claim, it found that the contract required one month's notice of termination, that the claimant had been paid £349.20 in lieu of notice, and that his gross monthly pay was £1,513.13, leaving £1,163.93 gross due. The tribunal directed that sum to be paid via payslip with tax and national insurance deductions, but no pension deduction.

The holiday pay claim also succeeded. The tribunal found the agreed leave year ran from 1 April to 9 July, a period of 99 days, and that the claimant had accrued 1.52 weeks of leave by the effective date of dismissal. Using a gross week's pay of £349.20, the tribunal calculated accrued holiday pay at £530.78 and deducted the £139.74 already paid in the final payslip, leaving £391.04 gross due, also to be paid via payslip with tax and national insurance deductions, but no pension deduction.

All remaining complaints were dismissed. The tribunal rejected the four automatic unfair dismissal complaints, namely dismissal for trade union membership, assertion of statutory rights, a health and safety complaint, and making a protected disclosure. It also rejected the direct race discrimination claim, the direct age discrimination claim, and the unlawful deduction of wages claim.