Fatemeh Zaremohazabiyeh v Luna Jack Ltd — 2025

The claimant, Fatemeh Zaremohazabiyeh, worked for Luna Jack Ltd as a Bar Associate from 29 December 2022 until her dismissal on 20 March 2024. The tribunal refused her application to amend the case to add unfair dismissal and victimisation claims, so the hearing proceeded only on breach of contract notice pay and holiday pay. The tribunal also noted that the respondent had not produced the ordered bundle, that some late WhatsApp material was excluded, and that little weight was given to unsigned witness statements from non-attending witnesses.

On the notice-pay issue, the tribunal found that the claimant did not commit gross misconduct. It accepted that she had not completed e-learning within the requested period, that there were complaints about the quality of her work, and that she had asked on 19 March 2024 to cancel a Sunday shift because she could not speak to Mr Fuller, but it held that these matters did not amount to gross insubordination or justify summary dismissal. The tribunal found there was no evidence that she swapped a shift without following procedure on 6 January 2024. It therefore held that the respondent was not entitled to dismiss her without notice and was in breach of the contractual 4-week notice obligation.

The tribunal found that the claimant mitigated her loss by starting alternative employment on 25 March 2024, so she was only out of work for 4 days. Using her recent working pattern and a rate of £10.50 per hour, it calculated notice-period loss at 8.5 hours and awarded £89.25 gross for breach of contract. On holiday pay, the tribunal applied regulation 14 of the Working Time Regulations 1998, found that 0.3 weeks of leave had accrued by the dismissal date, and concluded that 5.6 hours remained unpaid. It therefore awarded £58.80 for holiday pay. The total award was £148.05.