Claimant v The Ramsay Arms Limited
Outcome
Individual claims
The claimant was contractually entitled to four weeks' notice of termination but only received three weeks' notice. The respondent was in breach of contract for failing to provide the full notice period or payment in lieu thereof.
The claimant had accrued three days of untaken annual leave at termination (three days carried forward from 2024 plus 2.4 days accrued in January 2025, minus three days taken in January). The respondent failed to pay for this accrued but untaken leave.
The respondent breached its statutory duty under section 1 of the Employment Rights Act 1996 to provide the claimant with written statement of employment particulars within two months of commencement and when her role changed in 2024.
Facts
The claimant was employed as general manager by a hospitality company from April 2023 to January 2025. The respondent experienced financial difficulties in late 2024, resulting in delayed salary payments. In January 2025, the business closed and the claimant was given notice of termination effective 31 January 2025, but was contractually entitled to four weeks' notice. She was never provided with written terms and conditions of employment, and there was dispute over holiday pay entitlement and what leave had been taken or carried forward.
Decision
The tribunal found that the claimant received only three weeks' notice instead of the contractual four weeks, and was entitled to damages of one week's net pay (£689.34). The tribunal also found the claimant had three days of accrued but untaken annual leave at termination, entitling her to £294.62. Additionally, the respondent breached its duty to provide written employment particulars, resulting in a minimum statutory award of two weeks' gross pay (£1,758.90).
Practical note
Employers in hospitality must ensure clarity on annual leave entitlements (especially whether the 28-day statutory minimum includes public holidays) and maintain proper records, while failure to provide written employment particulars carries a mandatory minimum financial penalty where related claims succeed.
Award breakdown
Award equivalent: 3.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 8001233/2025
- Decision date
- 24 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- general manager
- Salary band
- £40,000–£50,000
- Service
- 2 years
Claimant representation
- Represented
- No