Mr Dilan Flanagan v SBC Empire Ltd — 2023

The final hearing took place remotely on 3 July 2023. The respondent did not appear or defend the claim. The tribunal accepted the claimant's evidence as honest and reliable, found that he had worked as a kitchen chef from 27 December 2021 at £10.50 per hour, usually around 35 hours per week, and recorded an average net weekly wage of £227.89. It also recorded that he was summarily dismissed on or around 30 December 2022 without notice, and observed that there appeared to be no proper basis for the summary dismissal, although the unfair dismissal issue ultimately turned on jurisdiction.

On the wages claim, the tribunal accepted that £250 had been retained from the claimant's wages as a 'lie payment' and had not been repaid. It also accepted that the holiday year ran with the calendar year, that the claimant had taken and been paid for three days' leave in 2022, and that 25 days remained due at termination. Using a net daily rate of £45.58, the tribunal calculated holiday pay due at £1,139.50, then deducted the £300 paid on 21 December 2022, leaving £839.50 outstanding. That sum was treated as an unlawful deduction from wages.

On notice pay, the tribunal held that the claimant was entitled to one week's notice under section 86 of the Employment Rights Act 1996 and that his net weekly wage of £227.89 was the proper measure of damages for the respondent's breach of contract in failing to give notice. It noted that he secured a new role on 10 January 2023. The total award was £1,317.39 net of tax. The unfair dismissal claim was dismissed because the tribunal had no jurisdiction to consider it, the claimant not having two years' continuous service under section 108 of the Employment Rights Act 1996.