Richardson v Auld Reekie Foodie Ltd — 2024

Joshua Richardson was employed by Auld Reekie Foodie Ltd as a Kitchen Manager from 20 January 2023 until 28 November 2023. No ET3 was lodged and the respondent did not appear or be represented at the hearing. The claimant gave evidence on oath and lodged productions. The tribunal accepted his evidence as truthful and found the claimant had not been paid the wages due to him for November and for the December payroll run after termination, amounting to £3,409.92.

On the holiday pay issue, the tribunal found there was no relevant agreement regulating the annual leave year, so the statutory year ran from 20 January to 19 January. The claimant was entitled to 28 days’ leave per annum, had accrued 24.1 days by 28 November 2023, and had taken 8 days. The balance of 16.1 days was awarded as annual leave accrued but unpaid, calculated at the daily rate of £107.67, producing an award of £1,733.48.

The tribunal also found the claimant had received no notice of termination and no payment in lieu of notice. He was entitled to one week’s notice and was awarded £538.35 as damages for breach of contract. The tribunal noted that the company owner had referred to financial difficulties, that the claimant had not been paid since termination, and that the awards were made gross, with liberty for the respondent to deduct income tax and employee National Insurance if it remitted those sums to HMRC and provided written evidence of the deductions and remittance.