In Person Papillon Edinburgh Ltd v Represented by Joanne Ramsay, Director. — 2019

The tribunal held that Papillon Edinburgh Ltd and Café Tartine Ltd were associated employers controlled by Joanne Ramsay and her husband, so the claimant's employment continued from 4 April 2018 through to 2 September 2018 without a break. On that basis, the claimant's service was still well short of the two-year qualifying period for unfair dismissal, and the unfair dismissal claim was dismissed for lack of jurisdiction.

For holiday pay, the tribunal found that no statement of terms and conditions had been provided and that the claimant had not taken holidays between 4 April 2018 and 31 July 2018. It applied the Working Time Regulations 1998, found that 6.66 days had accrued by termination, deducted the 2.33 days already paid, rounded the balance to 4.5 days under regulation 15A(3), and awarded £288.04 net.

On notice pay, the tribunal preferred the claimant's account that he was told on 2 September 2018 that he did not have to work the notice week and would receive his pay and holidays. It held that he remained entitled to one week's notice or payment in lieu under s.86 ERA 1996 and awarded £320.07 net. It also found that no statement of employment particulars had been issued and made a s.38 Employment Act 2002 increase of three weeks' gross pay, assessed at £1,153.85. The separate claim for pay for extra hours or shifts failed because there was insufficient evidence to calculate any sum, and the requested further uplift for lack of notice or 'trouble' was rejected because the tribunal found no statutory basis for it. The total award was £1,761.96.