Claimant v BR1618 Ltd — 2020

The claimant, Mr Kevin Shanks, brought proceedings against BR1618 Ltd. No ET3 was lodged, the case proceeded remotely on the claimant's evidence, and the tribunal identified BR1618 Ltd as the correct respondent. The claims of unfair dismissal and age discrimination were withdrawn and dismissed; the tribunal recorded that, apart from ticking the age discrimination box, no age discrimination case had been set out, and that the unfair dismissal claim could not proceed because the claimant had less than two years' service.

On the notice-pay issue, the tribunal found that the claimant had been employed as premises manager from 27 September 2019 to 15 February 2020 and had been told at the start of employment that his notice period was two months. It found that he was summarily dismissed on 15 February 2020 without notice or procedure, and accepted that he was dismissed because his manager wanted to employ her friend. The tribunal awarded two months' contractual notice pay, calculated at £4,420 gross, and then applied a 25% uplift under section 207A of TULR(C)A 1992 because the claimant had repeatedly sought payment in writing and the respondent did not engage.

Separately, the tribunal found that no written statement of particulars had been issued, despite repeated requests for the contract, and made an award under section 38 of the Employment Act 2002 of four weeks' gross pay, £2,040. The gross sums awarded were £5,525 on the notice-pay claim and £2,040 for the written particulars issue, making a total gross award of £7,565.