Case 3202974/2019 · Employment Tribunal
Claimant v Hymers v Ms J Braithwaite T/a The Finchingfield Lion — 2020
- Case reference
- 3202974/2019
- Decision date
- 21 May 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Russell Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningMs V Hymers brought undefended claims against Ms J Braithwaite t/a The Finchingfield Lion for notice pay, holiday pay accrued but untaken at dismissal, and failure to provide written particulars of employment. The respondent did not file a response or attend the remote hearing, and the tribunal was satisfied it was just to proceed in her absence.
The tribunal accepted that the claimant worked from 14 May 2018 to 24 July 2019 as kitchen staff, was summarily dismissed on 24 July 2019, and was not dismissed for misconduct. It also accepted her evidence that the respondent had previously told her she would be entitled to two weeks' notice if the contract ended, and it found from the payslips that her average pay was £800 gross and £619 net per week.
On that basis, the tribunal held that the respondent breached contract by not paying notice, failed to pay holiday entitlement, and failed to give written particulars despite repeated requests and even an offer letter. Holiday pay was calculated as 35 days at £84 per day, producing £2,940; notice pay was two weeks' net pay at £619 per week, producing £1,238; and the failure to provide written particulars attracted four weeks' pay at the statutory cap of £525 per week, producing £2,100 under s.38 Employment Act 2002. The total award was £6,278.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal accepted the claimant's evidence that the respondent had verbally agreed two weeks' notice, and awarded two weeks' net pay. | Upheld | — | £1,238 |
| Holiday pay | The tribunal found the claimant had not taken annual leave because she had not been afforded the opportunity to do so; it calculated 35 days at £84 per day. | Upheld | — | £2,940 |
| Other | The tribunal awarded four weeks' pay at the statutory cap of £525 per week for failure to provide written particulars of employment under s.38 Employment Act 2002. | Upheld | — | £2,100 |
Remedy
Monetary award- Total award
- £6,278
- across all upheld claims
Legal tests applied
1 reference- s.38 Employment Act 2002
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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