Mr J Perkins v Morgarten Restaurants Lakeside Limited (in creditors’ voluntary liquidation) — 2022

The tribunal heard the claim on 10 November 2022 in the respondent’s absence. It noted that no Response had been filed in time, that the respondent had notice of the hearing, and that it did not attend or contact the tribunal. The tribunal also substituted Morgarten Restaurants Lakeside Limited for Bourgee Limited after the claimant checked a payslip and confirmed the correct employer.

The claimant had worked as a chef from 27 December 2021 to 15 May 2022 on a monthly salary of £2,250 before tax. He gave evidence that he was absent from work due to sickness from 7 May 2022, asked the general manager Chris how much notice he needed to give, was told one week, and then gave the one week’s notice required under his contract. The tribunal accepted that evidence and found the claim for one week’s notice pay succeeded.

On holiday pay, the claimant said he had not taken any holiday during his employment. The tribunal accepted that he had attended race meetings, but found these were on his scheduled days off on his usual rota and not taken as holiday. It therefore found that, pro rata, he had accrued 11.5 days’ holiday entitlement at termination and awarded £1,194.28 for holiday pay.

The tribunal ordered the respondent to pay £519.23 for notice pay and £1,194.28 for holiday pay, making a total award of £1,713.51. No separate award components beyond those sums were identified in the judgment.