Ms E Anfuso v Ms Valentina Capizzi trading as Hollywood — 2020

Ms E Anfuso worked for Ms Valentina Capizzi, trading as Hollywood, from 1 July 2019 as a two-days-a-week worker paid at £8.50 per hour. The respondent ran a nails and hair extension business. The claimant took holiday from 7 to 17 August 2019 while the business was closed, and she later gave three weeks' written notice of resignation on 9 October 2019. The respondent did not attend the final hearing or give evidence, and the judge accepted the claimant's evidence and bank statements as credible and reliable.

The tribunal found that the claimant had not been paid for the August 2019 holiday, even though she had accrued a little over three days' holiday during the short employment, so there was an unlawful deduction from wages in the sum of £255 under regulation 16 of the Working Time Regulations 1998. It also found that she had worked on 9 and 11 October 2019 and had not been paid for those shifts, amounting to a further unlawful deduction from wages of £170.

On the breach of contract claim, the tribunal found that the claimant had given the contractually required three weeks' notice, that the respondent told her on 11 October 2019 that she did not need to work the remainder of her notice, and that the respondent confirmed that position by email on 12 October 2019. The claimant was entitled to be paid for the two days she would have worked on 16 and 18 October 2019, so the respondent was in breach of contract and £170 was due for that notice period.

The tribunal held that the claims had been brought in time and that the total sums due were £595. It recorded that the respondent had paid £100 on 4 November 2019 to account, leaving £495 payable to the claimant. The judge also deferred consideration of whether a penalty should be imposed under section 12A of the Employment Tribunals Act 1996 and invited written representations from the respondent.