Mr M Singh & Others v Do & Co Event & Airline Catering Limited — 2024

The hearing ultimately proceeded only on notice pay and holiday pay claims by Mrs Didi and Mr Singh. Other lead claims had been withdrawn or were not before the tribunal, and the discrimination claims by Ms Teper and Mr Dass were dismissed on withdrawal. The tribunal refused the respondent's application for bank statement disclosure, finding it was not relevant or necessary for the money claims before it.

The tribunal found that both Mrs Didi and Mr Singh were entitled to 12 weeks' notice. Mr Singh received his dismissal letter on 15 January 2021, giving termination on 31 January 2021, so he received only two weeks' notice and was entitled to damages for 10 weeks' pay and contractual benefits. Mrs Didi did not receive such a letter and was summarily dismissed by email on 8 March 2021, so she was entitled to damages for 12 weeks' pay and contractual benefits.

On holiday pay, the tribunal found that Mr Singh had 33 days' leave outstanding at the end of 2020 and Mrs Didi had 27 days. Statutory Working Time Regulations leave could not be carried forward on the facts, but Mr Singh's contract was varied by the respondent's letter so that his 2020 leave carried forward into 2021; after deducting 10 days' leave he could take after receiving the instruction, he was entitled to payment for 27.75 days less sums already paid. Mrs Didi's contract was not varied because she did not receive the letter, so she was entitled only to leave accrued between 1 January and 8 March 2021, calculated as 6.06 days, less sums already paid. The exact monetary awards were left to a remedy hearing.