Claimant v Seewoo Chinatown Limited

The tribunal found the Claimant worked but was unpaid for the period 1 October 2024 to 18 February 2025. The tribunal calculated arrears as 4.642 months at £3,949.50 per month, totalling £18,333.57 gross. The respondent failed to defend the claim having not filed an ET3 or attended the hearing.

The Claimant was entitled to 28 days holiday per year. From 1 April 2024 to 18 February 2025, she accrued 25 days entitlement but took no holidays. Under the Working Time Regulations, payment in lieu of untaken holiday can be claimed on termination. The tribunal awarded 25 days at £182.28 per day, totalling £4,557.

The respondent failed to pay employer and employee pension contributions for the period 1 August 2023 to 18 February 2025. The tribunal awarded £3,968.35 representing unpaid contributions (excluding employee contributions for 1 October 2024 to 18 February 2025 which were already included in salary arrears).

The Claimant resigned from her employment on 18 February 2025 without giving notice. As she was not dismissed and resigned without notice, she was not entitled to notice pay.

The Claimant did not have 2 years' service required for a redundancy payment and was not dismissed for redundancy in any event, having resigned from her employment.