: D Massie N Richardson Teodor Asaftei v Reliance (AB) Limited and 1 other — 2019

The claimant worked as an assistant manager on a salary of £24,000. The tribunal found that his employment began with Deeside Food Limited on 5 July 2019 and had transferred under TUPE to Reliance (AB) Limited in about September 2019, so the complaint against the second respondent was dismissed. It also found that no written statement of employment particulars was given at any point and that the first respondent had agreed to make employer pension contributions of 4% but failed to do so for 23.29 weeks up to termination, for which £429.93 was awarded.

The claimant was suspended on 15 December 2019 and dismissed without notice on 31 December 2019. The tribunal accepted the claimant as credible and reliable and did not accept the first respondent witnesses' evidence on notice practice or on the suggestion that a £1,000 payment made on 4 October 2019 was holiday pay; it found that payment had been a loan repaid by wage deductions. In the absence of an express notice term, the tribunal found that one month's notice was reasonable in the restaurant trade for an assistant manager after probation and awarded £1,664.65.

The tribunal found that 10.5 days of accrued holiday remained unpaid at termination and awarded £806.72. For the failure to issue written particulars, liability was accepted but the tribunal considered it just and equitable to award the higher amount of four weeks' pay, £1,846.16. The total award was £4,747.46.