Case 3325734/2019 · Employment Tribunal
In person For the First v Respondent — 2020
- Case reference
- 3325734/2019
- Decision date
- 18 November 2020
- Jurisdiction
- England & Wales
- Venue
- Bury St Edmunds
Parties
1 namedClaimant
In person For the First
Respondent
- —
Key findings
Tribunal's reasoningThe claimant worked as Operations Manager at The Chequered Skipper public house from 1 March 2019 to 13 June 2019. He said he was initially paid by Elm Heritage of Oundle Limited and later received a payslip from Elm Heritage Enterprise Limited. In the absence of any attendance or explanation from the respondents, the tribunal accepted his evidence and joined Elm Heritage Enterprise Limited as the second respondent, then entered judgment jointly and severally against both respondents.
On the wages issue, the tribunal accepted the claimant's calculation that he had been underpaid in March and April 2019 and had also not been paid for work done in June. The award for unlawful deduction from wages was £1,147.39, which the tribunal identified by reference to the sums the claimant said were outstanding. The tribunal said it was happy to accept his version of events and the sums he said were outstanding.
The tribunal also found that holiday pay had not been paid. It awarded £460.30 in respect of holiday pay for leave taken in June 2019. In addition, it found that the claimant had worked on 1 and 2 June 2019, then took holiday until 12 June, and was not paid for that period as claimed.
For notice, the tribunal found that the claimant had never been given a contract of employment. Although he said he gave one month's notice on 13 June 2019, the respondents dismissed him immediately. The tribunal held that this was a breach of contract, but it limited recovery to the statutory notice period of one week rather than the one month the claimant sought. It awarded £577 as one week's gross pay, bringing the total award to £2,184.69.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Award covered unpaid wages including underpayments in March and April and wages for June. | Upheld | — | £1,147 |
| Holiday pay | The tribunal found the claimant was owed holiday pay for leave taken in June 2019. | Upheld | — | £460 |
| Breach of contract | The tribunal awarded one week's gross pay in lieu of notice because the claimant had no written contract and was entitled only to statutory notice. | Upheld | — | £577 |
Remedy
Monetary award- Total award
- £2,185
- across all upheld claims
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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