Mr C Graham v Auditorium Seating Services Limited — 2022

The Tribunal held that Mr C Graham did not have two years' continuous service for the purposes of section 108 of the Employment Rights Act 1996. On that basis, his unfair dismissal claim under sections 94 and 111 of the Employment Rights Act 1996 was not well founded and was dismissed.

His claim for arrears of wages under Part II of the Employment Rights Act 1996 was also dismissed. Separately, in the claim for wages treated as a breach of contract claim under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, the Tribunal found that the Respondent had breached the contract by failing to pay the National Minimum Wage for the pay reference period ending 28 February 2020, but found that a later payment for that month extinguished any right to claim debt or damages.

The holiday pay claim, whether brought under regulation 30 of the Working Time Regulations 1998 or Part II of the Employment Rights Act 1996, was dismissed as not well founded. The notice pay claim succeeded to the extent that the Tribunal found the Claimant had been wrongfully dismissed and was entitled to one week's notice, with damages assessed at £184.61. The Respondent was ordered to pay that sum, and the Tribunal recorded that the recoupment regulations do not apply to the award.