Mrs Karen Carson v George Schneider t/a The New Bazaar — 2023

The claimant, Mrs Karen Carson, had worked for George Schneider t/a The New Bazaar as a bar person since 10 April 2005. The tribunal found there was no written contract or written statement of terms. After the pub was sold, she was told by telephone on 30 July 2022 that her work would cease when the pub closed, initially on 7 August 2022, and after discussion it was agreed that her employment would instead end on 2 October 2022. She continued working until that date and was later paid wages accrued to 2 October and redundancy pay; she did not bring any complaint about those sums or about a statement of reasons for dismissal or redundancy calculation.

On holiday pay, the tribunal applied the Working Time Regulations 1998 and found that, because there was no relevant written agreement, the leave year ran from 10 April to 9 April. It found the claimant had taken one week’s holiday at the start of April 2022, which was in the previous leave year, and had taken no leave in the final leave year. On the basis of 25 weeks between 10 April 2022 and 2 October 2022, it held that 2.69 weeks’ leave had accrued but remained untaken. Using an average weekly pay figure of £175.38, the tribunal awarded £471.78 gross.

On notice pay, the tribunal found the claimant had more than 12 years’ continuous employment and was entitled to 12 weeks’ notice under section 86 of the Employment Rights Act 1996. It held that the oral conversation on 30 July 2022 amounted to notice of termination, and that the contract ended by agreement on 2 October 2022. As the claimant remained employed and paid until that date, she was entitled to payment in lieu of the remaining three weeks of notice, calculated at £175.38 per week, producing an award of £526.14 gross.